NEUTRAL CITATION NO. 2023:DHC:2359

CRL. A. 275/2009 Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 27.03.2023

Pronounced on: 05.04.2023

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CRL.A. 275/2009

KRISHNA KANT

..... Appellant

Through:

Mr. Giri Raj Singh, Advocate

versus

STATE

..... Respondent

Through:

Mr. Naresh Kumar Chahar,

APP for the State

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The instant appeal filed under Section 374 of the Code of

Criminal Procedure, 1973 (‘Cr.P.C.’) arises out of the impugned

judgment dated 21.03.2009 and order on sentence dated 24.03.2009

passed by learned Additional Sessions Judge, Fast Track Court,

Central, Delhi (‘Trial Court’) whereby the appellant was convicted in

case FIR bearing number 590/1998 under Sections 328/379/411 of

Indian Penal Code, 1860, (‘IPC’) registered at Police Station I.P. Estate.

2.

To summarise briefly the facts of the case, the present FIR was

lodged on 11.11.1998, on the complaint of one Sh. Tek Chand who was

driver by profession. The complainant had stated that his car was hired

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.04.2023

11:29:27

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2359

CRL. A. 275/2009 Page 2 of 12

by the accused from Ballabhgarh to Delhi on 07.11.1998, and they had

reached I.T.O, Delhi at about 1:00 pm. Upon reaching there, the

accused had told the complainant to stop the car near a rehri and he had

allegedly administered certain stupefying drug to the complainant by

mixing the same in juice and had told the complainant to take the car

behind Hans Bhawan by the side of a Hotel/Dhaba. The complainant

stated that thereafter, he had lost consciousness and had regained

consciousness only at about 10:00 am and he could not find the alleged

person and his car was also missing. The complainant kept on searching

his car and being unable to find the same, he lodged a report on

11.11.1998 at Police Station I.P. Estate, upon which present FIR was

registered under Sections 328/379 IPC. During the course of

investigation, the police was unable to either apprehend the accused or

recover the stolen car and on 17.02.99 an untraced report was filed in

the case. However, on 22.03.1999, information was received from

Police Station Hari Nagar about recovery of stolen car no. DNA 6200

from possession of the appellant and arrest of the appellant pursuant to

registration of case FIR no. 216/1999 under Section 411 IPC at Police

Station Hari Nagar. Subsequently, the said FIR was clubbed with the

present FIR registered with Police Station I.P. Estate.

3.

After completion of investigation, charge sheet was filed for

offences punishable under Sections 411/379 IPC and initially, charge

under Section 379 IPC was framed against the appellant by the learned

Metropolitan Magistrate on 11.05.2001 with the alternative charge for

offence punishable under Section 411 IPC and the appellant was put to

trial.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.04.2023

11:29:27

Signature Not Verified

NEUTRAL CITATION NO. 2023:DHC:2359

CRL. A. 275/2009 Page 3 of 12

4.

A perusal of record shows that the complainant was examined as

PW-2 before the learned Metropolitan Magistrate and on the basis of

his deposition, the file was sent to Court of Sessions as the learned

Metropolitan Magistrate was of the view that the appellant was to be

tried for offence punishable under Section 328 IPC. After the committal

of the file to the Court of Sessions/Trial Court, a charge under Sections

328/34 IPC was framed against the appellant on 26.10.2006 and the

trial was