Delhi District Court
State vs Akash Kumar Etc on 24 February, 2026
-:1:-
IN THE COURT OF MS. VANDANA:
ADDL. SESSIONS JUDGE-02( NORTH ):
ROHINI DISTRICT COURTS : DELHI
In the matter of:-
(Sessions Case No. 137/2023)
FIR No. 897/2022
Police Station Bhalswa Dairy
Charge sheet filed Under Section 395/397/411/34 IPC
Charge framed Under Section 395/397/411 IPC
State V/s (1) Akash Kumar
S/o Sh. Kamal
R/o H.No. 372, Gali No.11,
C Block, Mukundpur, Delhi.
(2) Brijesh Patel
S/o Sh. Jitender Patel
R/o H.No. 372, Gali No.11,
C Block, Mukundpur, Delhi.
(3) Veer Singh @ Veeru
S/o Sh.Suresh Chand,
R/o H.No. 431, Gali No.11,
C Block, Mukundpur, Delhi.
(4) Chandan Kumar Chaurasia
S/o Sh. Ram Babu Chaurasia
R/o H.No. 10/2, D Block,
Mukundpur - 1, Delhi.
(5) Jitender Kumar @ Jeetu
S/o Sh.Kalector Singh
R/o H.No. 10/2, D Block,
Mukundpur - 1, Delhi.
......Accused Persons
Date of institution 06.02.2023
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 1 of 28
VANDANA Date:
2026.02.24
17:31:27 +0530
-:2:-
Arguments concluded on 24.02.2026
Judgment Pronounced on 24.02.2026
Decision Acquitted
JUDGMENT
BRIEF FACTS
1. Events which set the prosecution machinery into
motion are that on 17.11.2022, on receipt of a PCR call SI Neeraj
Kumar along with Ct. Prateek reached at the spot of incident i.e.
near Bus Stand Libaspur, Swaroop Nagar, Delhi, where
complainant Lallan Kumar met them, who told them that their
Tata Ace bearing registration no. DL1LAC-4340 has been
robbed. Statement of the complainant Lallan Kumar was
recorded.
After recording the statement of the witnesses and
on completion of the investigation, the charge sheet was filed
under Section 395/397/411 IPC, by the Investigating Officer.
CHARGE
2. On committal of the case to the Court of Sessions,
vide order dated 21.04.2023 charge under Section 395 IPC was
found to be made out against all accused persons. In addition,
charge under Section 397/411 IPC was found to be made out
against accused Veer Singh @ Veeru and charge under Section
411 IPC was also made out against accused Akash, Brijesh Patel,
Jitender Kumar @ Jeetu and Chandan Kumar Chaurasia. The
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 2 of 28
VANDANA Date:
2026.02.24
17:31:28 +0530
-:3:-formal charges as above were framed against the accused persons
on the said date to which they pleaded not guilty and claimed
trial.
PROSECUTION EVIDENCE
3. Thereafter, prosecution in support of its case have
examined 04 witnesses in all.
Sl. No. Prosecution Name of witness Description
witness No.
1. PW1 Sh. Lalan Kumar Complainant
2. PW2 Ct. Saurabh Singh Police witness,
who assisted the
IO
3. PW3 SI Neeraj IO of the case
4. PW4 HC Teenu Police witness,
who assisted the
IO
PW1 is Sh.Lalan Pawan Kumar is the complainant,
whose deposition is as under:
“I am working as a driver in Videsha
Enterprises Company, Sanjay Nagar,
Mahindra Park, Delhi. I used to drive
TATA ACE No. DL 1LAC 4340.
On 17.11.2022 I was driving the above
numbered vehicle and Amrinder was
also with me. We were coming from
Harayan to Delhi in the said vehicle. I
dropped Amrinder at Alipur. At about
12:30 AM after crossing the underpass
of Swaroop Nagar I stopped my above
numbered vehicle. I was feeling sleepy
so I slept in the said vehicle. After
sometime when I heard some noise, I
woke up and saw two boys were
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 3 of 28
VANDANA Date:
2026.02.24
17:31:24 +0530
-:4:-checking my bag containing some
documents. I asked them as to why they
were checking my bag from my
vehicle. Those boy threatened me to
remain calm. Those boys removed key
of the said vehicle from my pant and
took away my above numbered vehicle.
I made a call to the police from my
mobile. I also informed my munshi i.e.
employee of the abovenamed transport
company. PCR van reached there and I
was taken to PS Bhalaswa Dairy. Police
made enquiry from me. I remained in
PS for whole night. In the morning
hour, police official of PS Bhalswa
Dairy took me in a gypsy. I was taken
to the place where the incident took
place. Thereafter I was taken to some
other places and I was again brought to
PS. I remained in PS till the noon
hours. Thereafter my signatures were
obtained on blank papers and I relieved.
In the evening hours, munim Rajesh
informed me that my vehicle TATA
ACE has been recovered. Thereafter, I
do not know what happened as I went
to my house. I had never seen the faces
of the robbers even when the incident
took place with me.
I do not want to say anything else”
He was duly cross examined by Ld. Addl. PP for the
State as he is resiling from his earlier statement.
“It is correct that police made enquries
from me. It is correct that Ex. PW1/A
bears my signature at point A. I do not
know what I had stated in my statement
Ex. PW1/A. I do not remember anything
else.
It is correct that documents of vehicle
and my Aadhar card were in the black
colour bag which was lying in my
TATA ACE vehicle.
It is wrong to say that when I tried to
stop those two boys who were taking
away my black colour bag or that at the
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 4 of 28
VANDANA Date:
2026.02.24
17:31:26 +0530
-:5:-same time three other boys came from
my back side or that two of the boys
caught hold of me or that the third boy
had shown me knife or that keys of
TATA ACE vehicle was taken from my
right side pant pocket or that all the 04-
05 boys said “tu apni TATA ACE hume
nahi dega toh acha nahi hoga” or that I
narrated these facts to IO/SI Neeraj
Kumar in statement Ex. PW1/A
(witness is confronted from portion A to
A1 where it is so recorded).
It is wrong to say that IO recorded my
statement on my narration and enquiry
or that I can identify all those 05 boys
who had taken away my TATA ACE
vehicle by showing me knife or that
legal action be taken against them or
that I narrated these facts to IO/SI
Neeraj Kumar in statement Ex. PW1/A
(witness is confronted from portion B to
B1 where it is so recorded).
It is wrong to say that no CCTV was
found installed near the scene of crime
or that SI Neeraj Kumar and other
police staff of PS Bhalswa Dairy left for
the search of accused persons and my
tempo or that at the Jheel Road, police
official met with one secret informer
who informed that two boys are present
near Bhalswa Jeel or that IO requested
public persons to join the investigation
or that no public person ready to join the
investigation or that we all including
informer reached near Bhalswa Jheel or
that secret informer pointed out two
persons sitting on the black colour
Splender motorcycle or that on the
pointing out of the informer and on my
identification police apprehended those
two boys namely Akash Kumar s/o Sh.
Kamal and Brijesh Patel s/o Sh. Jitender
Patel or that I informed the police that
these are the two boys out of the five
who had robbed my bag and vehicle by
showing me knife or that both the
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 5 of 28
VANDANA Date:
2026.02.24
17:31:25 +0530
-:6:-abovenamed boys were arrested vide
personal search and arrest memos or
that I narrated these facts to IO/SI
Neeraj Kumar who recorded my
statement Ex. PW1/B (witness is
confronted where it is so recorded).
It is correct that I pointed out the scene
of crime to the police who prepared site
plan Ex. PW1/C bearing my signature at
point A. It is correct that Ex. PW1/D1
and Ex. PW1/D2 (arrest memo and
personal search memo of accused of
accused Akash Kumar).
It is correct that Ex. PW1/E1 and Ex.
PW1/E2 (arrest memo and personal
search memo of accused of accused
Brijesh Patel). (Vol. I signed the blank
documents).
At this stage, witness was asked to
identify the person who committed
dacoity with him, he look around in the
court and stated that none of those 05
boy or persons are present in the court
today who had committed robbery with
me. Witness failed to identify any of the
accused persons.
It is wrong to suggest that I am
deliberately and intentionally
suppressing the material facts recording
in statements or that the said statements
were read over and explained to me or
that I confirmed the same was truly and
correctly recorded on my narration or
that only then I signed the Ex. PW1/A,
Ex. PW1/D1, Ex. PW1/D2, Ex. PW1/E1
and Ex. PW1/E2. It is wrong to suggest
that accused present in the court today
have committed dacoity of my vehicle
and black colour bag on 17.11.2022 at
about 01:00 am at near bus stand,
Libaspur, Swaroop Nagar, Delhi. It is
wrong to suggest that I have not signed
the plain documents and memos. It is
wrong to suggest that I am deliberately
and intentionally not identifying the
accused persons who committed dacoitySC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 6 of 28
VANDANA Date:
2026.02.24
17:31:25 +0530
-:7:-with me. It is wrong to suggest that I
am deposing falsely being won over by
the accused persons”.
He was duly cross examined by ld. Counsel for all
accused persons.
PW2 is Ct. Saurabh Singh. He had deposed that on
17.11.2022, he joined investigation with IO SI Neeraj Kumar. He
along with IO, complainant and HC Teenu went in search of
accused at Jheel Road. There they met secret informer. He
further deposed that on inquiry of IO, secret informer told them
that two boys could be apprehended if raid immediately. The
secret informer pointed out towards two persons who were sitting
on a motorcycle bearing registration no. DL-6SBG-5830. The
complainant also identified those persons as the accused who
were accused persons who were involved in the incident which
took place with him. Both the accused persons were
apprehended by them. On inquiry, one of the accused disclosed
his name as Brijesh and another accused disclosed his name as
Akash. The motorcycle on which the accused persons were found
sitting was also seized by the IO. Accused persons also led the
police party to the place of incident and there they had pointed
out the place of incident. He further deposed that accused
persons were arrested at the place of apprehension and after that
they had pointed out the place of incident and preparation of site
plan. They were taken to police station and their disclosure
statements Ex.PW2/A and Ex.PW2/B were recorded. The
motorcycle was also brought to the police station.
He was duly cross examined by ld. Counsel for
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 7 of 28
VANDANA Date:
2026.02.24
17:31:25 +0530
-:8:-accused persons.
PW3 is SI Neeraj. He deposed that on 17.11.2022,
DD No.4A was marked to him for inquiry. Thereafter, he along
with Ct. Prateek went to near Bus Stand Libas Pur, Swaroop
Nagar, Delhi. There, he met the complainant Lallan Kumar. He
told him that 05 boys committed robbery of his Tata Ace Tempo
by showing a knife when he was resting at that place. He
recorded his complaint Ex.PW1/A in detail. Thereafter, he
prepared rukka Ex.PW3/A on the said complaint. Thereafter, he
handed over the rukka to Ct. Prateek and he left the spot for
registration of the FIR. Thereafter, he checked for CCTV camera
but no camera was found. Thereafter, he prepared the site plan
Ex.PW1/C at the instance of complainant. In the meanwhile, Ct.
Prateek came back at the spot after registration of the FIR and
handed over the copy of FIR and original rukka to him. He
relieved Ct.Prateek from the present investigation thereafter. HC
Tinu and Ct. Saurabh also reached there. Thereafter, he along
with complainant, HC Tinu and Ct.Saurabh started searching the
accused persons in the nearby area and one secret informer came
to him and told him that two boys who were involved in the
present case can be apprehended from Bhalswa Jheel. Thereafter,
he along with complainant, HC Tinu and Ct.Saurabh went to
Bhalswa Jheel and complainant pointed out towards two boys,
who were sitting on a motorcycle. Thereafter, with the help of
police staff, he apprehended both the accused persons and
interrogated them and their names revealed as Akash Kumar andSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 8 of 28
VANDANA Date:
2026.02.24
17:31:26 +0530
-:9:-Brijesh Patel. Thereafter, he seized the motorcycle bearing
registration no. DL6SBG-5830 vide seizure memo Ex.PW3/B.
Thereafter, he arrested Akash and Brijesh vide arrest memo
Ex.PW1/D1 and Ex.PW1/E1 and personally searched them vide
memos Ex.PW1/D2 and Ex.PW1/E2. Thereafter, he recorded
their disclosure statement Ex.PW2/A and Ex.PW2/B
respectively. Both the accused persons took them to the spot of
incident and showed the spot. Thereafter, he prepared pointing
out memo at the instance of both accused persons Ex.PW3/C.
Thereafter, both the accused persons were sent to BJRM Hospital
for their medical examination and after that they were sent to
Lock-up due to night hours. He further deposed that in the
morning, he interrogated both the accused persons regarding the
case property and they told that they had hidden the case property
at Fish Market, Labour Chowk, Mukundpur, Delhi and he along
with both accused persons and HC Tinu and one another police
staff went there. Thereafter, both accused persons showed the
Tempo of the complainant parked behind the Badri Medical
Store in an empty place/ground. All four tyres had already been
removed by the accused persons and the side mirror was broken.
Thereafter, he seized the said Tempo bearing registration no.
DL1LAC-4340 vide seizure memo Ex.PW3/D. Thereafter, he
prepared the site plan of the place of recovery Ex.PW3/E. He
further deposed that accused Akash also revealed that the clothes
which he was wearing at that time were the same clothes which
he was wearing at the time of incident. He provided him newSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 9 of 28
VANDANA Date:
2026.02.24
17:31:28 +0530
-:10:-clothes and seized his wearing clothes vide seizure memo
Ex.PW3/F. Both the accused persons were produced before the
court and one day PC remand was granted.
He further deposed that on 18.11.2022, he received
information from Special Staff North West regarding the
apprehension of accused persons namely Veer Singh @ Veeru,
Chandan Kumar Chaurasia and Jitender Kumar @ Jeetu. After
the interrogation from accused Akash and Brijesh, they were
produced before the concerned court on 19.11.2022 and they
were sent to JC.
He further deposed that on 25.11.2022, he
interrogated accused Veer Singh @ Veeru, Chandan Kumar
Chaurasia and Jitender Kumar @ Jeetu and arrested them vide
arrest memo Ex.PW3/G, Ex.PW3/H and Ex.PW3/I. Thereafter,
he recorded their disclosure statement vide memo Ex.PW3/J,
Ex.PW3/K and Ex.PW3/L. He further deposed that on the same
day, he took one day PC remand of all three accused and they
took them to Gali No.11, Mukund Pur-I, there, accused Veer
Singh @ Veeru took out one tyre and one rim from the bushes in
an empty plot and handed over the same to him by saying that the
said tyre was removed by him from the stolen tempo. He seized
the same vide seizure memo Ex.PW3/M. Thereafter accused
Chandan Kumar Chaurasia took out two tyres with rim from the
Ramlila Ground, Mukundpur, from the bushes in an empty plot
and handed over the same to him by saying that the said tyres
were removed by him from the stolen tempo. He seized the sameSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 10 of 28
VANDANA Date:
2026.02.24
17:31:27 +0530
-:11:-vide seizure memo Ex.PW3/N. Thereafter accused Jitender
Kumar @ Jeetu took out two tyres with rim from Gali No.11,
Mukundpur – I, from one room situated on the empty land in
front of Saint Gyan Public School and handed over the same to
him by saying that the said tyres were removed by him from the
stolen tempo. He seized the same vide seizure memo Ex.PW3/O.
Thereafter, accused Veer Singh took them to his residence and
took out one knife and one gupti from under the mattress of the
bed and handed over the same to him by saying that the said
weapons were used by him in the commission of offence. He
seized the same vide seizure memo Ex.PW3/P. Thereafter, all the
accused persons were sent to JC.
He has identified four photographs of tempo
bearing registration no. DL1LAC-4340 Ex.PW4/P1 (colly), four
photographs of motorcycle bearing registration no. DL6SBG-
5830 Ex.PW4/P2 (colly), one gupti of black metal cover
Ex.PW4/P3, one sharp edged knife Ex.PW4/P4, one blue jean
and black white printed shirt of accused Akash are Ex.PW4/P5.
He was duly cross examined by Ld. Counsel for
accused persons.
PW4 is HC Teenu. He has deposed that on
17.11.2022, he along with IO SI Neeraj, Ct.Saurabh and
complainant Lallan Kumar reached at Jeel Road in search of
accused and case property as per the information of secret
informer. After reaching there, IO asked some public persons to
join the investigation but none agreed and left from there. AfterSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 11 of 28
VANDANA Date:
2026.02.24
17:31:26 +0530
-:12:-sometime, the secret informer pointed out towards two boys, who
were sitting on the motorcycle by saying that these were the
boys, who committed robbery with the complainant on the
previous day. Thereafter, the secret informer left. The
complainant also identified both the accused persons, who
robbed the bags containing documents from his Tata Ace along
with three other associates by showing knife to him. He also told
the IO that all the accused persons also robbed his Tata Ace.
Thereafter, he alongwith Ct.Saurabh helped the IO to apprehend
the accused persons. After their apprehension, IO interrogated
them and their name revealed as Akash and Brijesh. The
registration number of the said motorcycle was DL6SBG-5830
black colour Splendor. Thereafter, IO arrested the accused
persons namely Akash and Brijesh vide arrest memo Ex.PW1/D1
and Ex.PW1/E1 and personally searched vide memo Ex.PW1/D2
and Ex.PW1/E2. He further deposed that IO also recorded the
disclosure statement of both the accused persons Ex.PW2/A and
Ex.PW2/B. Thereafter, IO seized the above mentioned
motorcycle vide memo Ex.PW3/B. Thereafter, he along with
Ct.Saurabh, IO and accused persons went to near Bus Stand
Libaspur, Swaroop Nagar and both the accused persons pointed
out towards the spot and IO prepared the pointing out memo vide
pointing out memo Ex.PW3/C. Thereafter, all of them came back
to PS and his statement was recorded by the IO.
He further deposed that on 18.11.2022, he again
joined investigation along with the IO. Thereafter, he along withSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 12 of 28
VANDANA Date:
2026.02.24
17:31:28 +0530
-:13:-IO and accused persons Akash and Brijesh went to near Fish
Market, Labour Chowk, Mukundpur, Delhi. Thereafter, both
accused persons showed the Tempo of the complainant parked
behind the Badri Medical Store in an empty place/ground. All
four tyres had already been removed by the accused persons and
the side mirror was broken. Thereafter, IO seized the said Tempo
bearing registration no. DL1LAC-4340 vide seizure memo
Ex.PW3/D. Thereafter, IO prepared the site plan of the place of
recovery Ex.PW3/E. Accused Akash also revealed that the
clothes which he was wearing at that time were the same clothes
which he was wearing at the time of incident. IO provided him
new clothes and seized his wearing clothes vide seizure memo
Ex.PW3/F. Both the accused persons produced before the court
and one day PC remand was granted. After the interrogation
from accused Akash and Brijesh, they were produced before the
concerned court on 19.11.2022 and they were sent to JC.
He further deposed that on 25.11.2022, IO
interrogated accused Veer Singh @ Veeru, Chandan Kumar
Chaurasia and Jitender Kumar @ Jeetu and arrested them vide
arrest memo Ex.PW3/G, Ex.PW3/H and Ex.PW3/I. Thereafter,
IO recorded their disclosure statement vide memo Ex.PW3/J,
Ex.PW3/K and Ex.PW3/L.
He further deposed that on the same day, IO took
one day PC remand of all three accused and they took them to
Gali No.11, Mukund Pur-I, there, accused Veer Singh @ Veeru
took out one tyre and one rim from the bushes in an empty plotSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 13 of 28
VANDANA Date:
2026.02.24
17:31:27 +0530
-:14:-and handed over the same to IO by saying that the said tyre was
removed by him from the stolen tempo. IO seized the same vide
seizure memo Ex.PW3/M. Thereafter accused Chandan Kumar
Chaurasia took out two tyres with rim from the Ramlila Ground,
Mukundpur, from the bushes in an empty are and handed over
the same to IO by saying that the said tyres were removed by him
from the stolen tempo. IO seized the same vide seizure memo
Ex.PW3/N. Thereafter accused Jitender Kumar @ Jeetu took out
two tyres with rim from Gali No.11, Mukundpur – I, from one
room situated on the empty land in front of Saint Gyan Public
School and handed over the same to IO by saying that the said
tyres were removed by him from the stolen tempo. IO seized the
same vide seizure memo Ex.PW3/O. Thereafter, accused Veer
Singh took them to his residence and took out one knife and one
gupti from under the mattress of the bed and handed over the
same to IO by saying that the said weapons were used by him in
the commission of offence. IO seized the same vide seizure
memo Ex.PW3/P.
He was cross examined by Ld. Counsel for accused
persons.
Documents produced on behalf of prosecution
Ex.PW1/A Statement of the complainant
Ex.PW1/B Supplementary statement of
complainant
Ex.PW1/C Site plan
Ex.PW1/D1 Arrest memo of accused Akash
Ex.PW1/D2 Personal search memo of accusedSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 14 of 28
VANDANA Date:
2026.02.24
17:31:26 +0530
-:15:-Akash
Ex.PW1/E1 Arrest memo of accused Brijesh Patel
Ex.PW1/E2 Personal search memo of accused
Brijesh Patel
Ex.PW2/A Disclosure statement of accused Akash
Ex.PW2/B Disclosure statement of accused Brijesh
Ex.PW3/A Rukka
Ex.PW3/B Seizure memo of motorcycle bearing
registration no. DL6SBG-5830
Ex.PW3/C Pointing out memo of the place of
incident
Ex.PW3/D Seizure memo of tempo bearing
registration no. DL1LAC-4340Ex.PW3/E Site plan of the place of recovery
Ex.PW3/F Seizure memo of the clothes of accused
AkashEx.PW3/G Arrest memo of accused Veer Singh @
Veeru
Ex.PW3/H Arrest memo of accused Chandan
Kumar Chaurasia
Ex.PW3/I Arrest memo of accused Jitender
Kumar @ Jeetu
Ex.PW3/J Disclosure statement of accused Veer
Singh @ Veeru
Ex.PW3/K Disclosure statement of accused
Chandan Kumar Chaurasia
Ex.PW3/L Disclosure statement of accused
Jitender Kumar @ Jeetu
Ex.PW3/M Seizure memo of one tyre and one rim
recovered at instance of accused Veer
Singh @ Veeru
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 15 of 28
VANDANA Date:
2026.02.24
17:31:28 +0530
-:16:-Ex.PW3/N Seizure memo of two tyres with rim
recovered at instance of accused
Chandan Kumar Chaurasia
Ex.PW3/O Seizure memo of two tyres with rim
recovered at instance of accused
Jitender Kumar @ Jeetu
Ex.PW3/P Seizure memo of gupti and knife
recovered at the instance of accused
Veer Singh @ VeeruList of Material Objects
Ex.PW4/P1 Four photographs of tempo bearing
(colly) registration no. DL1LAC-4340
Ex.PW4/P2 Four photographs of bearing
(colly) registration no. DL6SBG-5830
Ex.PW4/P3 Gupti having black metal cover
Ex.PW4/P4 Sharp edged knife
Ex.PW4/P5 Blue jean and black & white printed
shirt of accused AkashSTATEMENT OF ACCUSED UNDER SECTION 294 Cr.P.C
4. Vide their joint statement recorded on 05.01.2025,
all the accused persons have admitted present FIR as Ex.P-1,
endorsement on rukka as Ex.P-2, certificate under Section 65B
Indian Evidence Act as Ex.P-3, GD No. 4A dated 17.11.2022 as
Ex.P-4, GD No. 80A dated 17.11.2022 as Ex.P-5, GD No. 16A
dated 18.11.2022 as Ex.P-6, GD No. 67A dated 18.11.2022 as
Ex.P-7 and kalandra U/s 41.1(D) Cr.P.C. (running into 28 pages)
as Ex.P-8.
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 16 of 28
VANDANA Date:
2026.02.24
17:31:25 +0530
-:17:-STATEMENT OF ACCUSED UNDER SECTION 313 Cr.P.C
5. After closure of PE, the statement of the accused
persons was recorded u/s 313 Cr.P.C. on 20.02.2026 wherein
they denied all the evidence put to them and stated that they have
been falsely implicated in the present case.
They further stated that they have been falsely
implicated and arrested by the police officials. Police officials
took their signature on blank papers. No incriminating articles
were recovered from their possession or at their instance. All the
case property were planted upon them..
Accused persons opted not to lead any defence
evidence.
6. Thereafter, matter was fixed for final arguments.
7. I have heard Dr. Sarita Rani, Ld. Addl. PP for the
State and Sh.Satyam Sisodia, ld. Counsel for all accused persons.
ARGUMENTS ADVANCED BY LD. ADDL. PP FOR THE
STATE
8. It was argued by Ld. Addl. PP for State that the
allegations levelled against the accused persons are of serious
nature and the prosecution has proved its case from the testimony
of the witnesses.
It was further argued that all the police officials have
clearly proved the chain and the manner of investigation and
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:18:-merely because the witnesses are police officials their testimony
cannot be disbelieved.
ARGUMENTS ADVANCED BY LD. COUNSEL FOR
ACCUSED PERSONS.
9. On the other hand, Ld. Counsel for accused persons
has argued that accused persons have been falsely implicated. It
was further argued that prime prosecution witness has not
supported the case of the prosecution and denied all the
allegations levelled against the accused persons. It was further
argued that no recovery has been effected from accused persons.
It was further argued that there is no incriminating evidence
against the accused persons and the prosecution has failed to
prove the case beyond reasonable doubt. Accordingly, accused
persons deserve acquittal.
10. I have heard the arguments at length and perused the
entire record.
FINDINGS
11. All the accused persons had been charged under
Section 395 IPC. In addition, charge under Section 397/411 IPC
was also framed against accused Veer Singh @ Veeru and in
addition, charge under Section 411 IPC was also framed against
accused Akash, Brijesh Patel, Jitender Kumar @ Jeetu and
Chandan Kumar Chaurasia.
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:19:-
12. The relevant Sections are reproduced as under :
SECTION 395 IPC
“Whoever commits dacoity shall be
punished with imprisonment for life,
or with rigorous imprisonment for a
term which may extend to ten years,
and shall also be liable to fine”.
SECTION 397 IPC
“Robbery, or dacoity, with attempt
to cause death or grievous hurt.–If,
at the time of committing robbery or
dacoity, the offender uses any deadly
weapon, or causes grievous hurt to
any person, or attempts to cause
death or grievous hurt to any person,
the imprisonment with which such
offender shall be punished shall not
be less than seven years.”.
SECTION 411 IPC
“Whoever dishonestly receives or
retains any stolen property, knowing
or having reason to believe the same
to be stolen property, shall be
punished with imprisonment of
either description for a term which
may extend to three years, or with
fine, or with both.”
PRESUMPTION OF INNOCENCE
13. It is a settled law of criminal jurisprudence that a
person is believed to be innocent till the guilt is proved against
him. This principle is called The Presumption of Innocence. In
another words, the accused is entitled to take advantage of
reasonable doubt in respect of his crime. The principle finds its
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:20:-genesis in the Declaration of Human Rights under Article 11
Section 1 incorporated by the United Nations in 1948. It is also
mentioned in the European Convention for the Protection of
Human Rights in Article 6 Section 2 and United Nations
International Covenant on Civil and Political Rights under
Article 14, Section 2.
Presumption of Innocence is a re-statement of the
rule that in criminal matters the prosecution has the burden of
proving guilt of the accused in order to be convicted of the crime
of which he is charged.
In Chandrashekhar Vs. State of Himachal Pradesh
decided on 06.07.2018 relying on judgment of Data Ram Singh
Vs. State of UP passed by the Hon’ble Supreme Court on
06.02.2018, it was held that:
“the freedom of an individual is utmost
important and cannot be curtailed specially
when guilt if any, is yet to be proved. It
is settled law that till such time guilt of a
person is proved, he is deemed to be
innocent…….. A fundamental postulate of
criminal juris prudence is a presumption of
innocence meaning thereby that a person is
believed to be innocent until found
guilty……….
Thus, the inference which is culled out from the
above is that it is for the prosecution to prove the guilt of the
accused beyond reasonable doubt.
14. In this backdrop, I proceed to delve upon the
evidence adduced on behalf of the prosecution.
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:21:-
15. The prosecution has heavily relied upon the
testimony of PW1/complainant Lallan Kumar. However, PW1
complainant Pawan Kumar has not supported the case of the
prosecution.
Despite a lengthy cross examination by the Ld.
Additional PP for the State, nothing incriminating could be
culled out as the said witness resiled from his earlier statement.
He completely turned hostile on the point of identification of
accused persons, though he admitted the incident but denied that
he had seen the accused persons on the day of incident or giving
beating to him or robbed him. The relevant portion of his
evidence vide which he was cross examined by Ld. Addl. PP for
the State, is as under:
“At this stage, witness was asked to identify
the person who committed dacoity with him,
he look around in the court and stated that
none of those 05 boys or persons are present
in court today who had committed robbery
with me. Witness failed to identify any of the
accused persons.
…… It is wrong to suggest that accused
present in the court today have committed
dacoity of my vehicle and black colour bag
on 17.11.2022 at about 01.00 a.m. at near
bus stand, Libaspur, Swaroop Nagar. It is
wrong to suggest that I am deliberately and
intentionally not identifying the accused
persons who committed dacoity with me.”
There is settled law as stated in Abdul Sayad Vs.
State of M.P. 2010 AIR SCW 5701 and also in State of U.P. Vs.
Naresh and Ors. (2011) 4SCC 324 the testimony of injured
witness as his own relevancy and efficacy as he has sustained
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:22:-injuries at the time of incident and it is unlikely that he would
spare the actual assailants in order to falsely implicate someone
else. However, in the present case the complainant himself who
was the prime prosecution witness has denied that it was the
accused persons, who robbed him and has not supported the case
of the prosecution.
16. Apart from PW1, there is no other public witness in
the present case and the other witnesses are police officials who
deposed regarding the manner of investigation but the
material/star prosecution witnesses i.e. PW1 Lallan Kumar
himself have not supported the case of the prosecution and
categorically denied that the accused persons committed robbery
with him. There is no digital evidence or any other incriminating
evidence found against the accused persons. Hence, no offence
under section 395 IPC is made out against accused persons.
Offence under Section 397 IPC is also not made out against
accused Veer Singh @ Veeru.
17. All accused persons were also charged for the
offence under section 411 IPC. Accused Akash Kumar and
Brijesh Patel was charged under Section 411 IPC having been
found in possession of mini Truck Tata Ace bearing registration
no. DL1LAC-4340 without tyre, one tyre of the above mentioned
Tata Ace was stated to be recovered at the instance of accused
Veer Singh @ Veeru and two tyres of above mentioned Tata Ace
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:23:-was stated to be recovered from accused Chandan Kumar
Chaurasia.
Coming to the recovery of the above mentioned Tata
Ace and the tyres. The seizure memo Ex. PW3/D is with respect
to recovery of Tata Ace, Ex.PW3/M is with respect to recovery
of one tyre & rim recovered at the instance of accused Veer
Singh @ Veeru, Ex.PW3/N is with respect to recovery of two
tyres with rim at the instance of accused Chandan Kumar
Chaurasia, Ex.PW3/O is with respect to recovery of two tyres
with rims recovered at the instance of accused Jitender Kumar @
Jeetu and Ex.PW3/P is with respect to recovery of gupti and
knife recovered at the instance of accused Veer Singh @ Veeru.
As such, there is no independent witness to the
alleged recovery of case property i.e. Tata Ace and tyres seized
vide seizure memos Ex.PW3/B, Ex.PW3/D, Ex.PW3/M,
Ex.PW3/N, Ex.PW3/O as well as the weapon of offence i.e.
Gupti Ex.PW4/P3 and sharp edged weapon Ex.PW4/P4 from
accused Veer Singh @ Veeru, which was seized vide seizure
memo Ex.PW3/P.
At this stage reliance is placed on the following
landmark judgments by the Hon’ble Superior Courts on this
point.
In the landmark judgment of State (NCT of Delhi)
Vs. Sunil 2001 SCC, (Cri) 248, the Hon’ble Supreme Court held
that:
“when discovery is made pursuant to any
facts deposed by the accused, the discoverySC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:24:-memo prepared by the IO is necessarily
attested by the independent witnesses but if
no witness is present, it is difficult to lay
down as a proposition that the recovery must
be tainted or that or unreliable. But in such a
situation, the court has to consider the report
of the IO on its own merits”.
In Mani Vs. State of Tamilnadu decided on
08.01.2008, the Hon’ble Supreme Court, it has been held that:
“Discovery is a weak kind of evidence and
cannot be wholly relied upon and conviction
in such a serious matter cannot be based upon
discovery”.
In the case of Naveen kumar Verma Vs. State (Govt.
of NCT of Delhi) decided by Hon’ble High Court of Delhi on
03.07.2013 relying on the landmark judgment of Mohd. Jabbar
Vs. State decision 21.05.2010 Crl. A. 1022/18, it has been
reiterated that:
“The courts have to be cautioned and to
vigilant against the non practice of the police
to plant ordinary objects on the accused
persons to prove access by the accused to the
place where the crime was allegedly
committed”.
In Prabhu Vs. State AIR 1963, Supreme Court 1113,
recovery of a blood stained shirt and a dhoti as also on an axe on
which human blood was detected was held to be a weak evidence
as was also held in the case of Narsinghbhai Prajapati Etc. Vs.
Chatrasingh & Ors. AIR 1977 Supreme Court 1753, where
recovery of a blood stained shirt and a dhoti and also a dharia
(weapon of offence) were held to be a weak evidence.
In the case of Surjit Singh Vs. State of Punjab AIR
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:25:-1994 Supreme Court 110, the watch of the deceased and a dagger
stained with the blood of the same group as that of the deceased
was held to be weak evidence.
In the present case, as already stated earlier, there is
no independent witness to the alleged recovery of the case
property and the weapon of offence and same is as such easily
available in the market. In the light of aforesaid case laws, the
recovery of aforesaid case property, which was lying in an empty
plot and not recovered from the exclusive possession of accused
persons and weapon of offence i.e. Gupti and sharp edged
weapon is a weak piece of evidence which cannot be sole basis
of conviction of accused persons.
18. There appears to be no sincere efforts were made by
police officials concerned to join independent public witnesses in
the concerned police proceedings at any of the available stages
especially at the time of recovery of case property, alleged
weapon of offence or at the time of arrest of accused persons. In
this regard reliance is being placed on the following judgments:-
In case law reported as “Anoop Joshi Vs. State”
1992(2) C.C. Cases 314(HC), High Court of Delhi had observed
as under:-
“18. It is repeatedly laid down by this
Court in such cases it should be shown
by the police that sincere efforts have
been made to join independent witnesses.
In the present case, it is evidence that no
such sincere efforts have been made,
particularly when we find that shops
were open and one or two shop-keepers
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:26:-could have been persuaded to join the
raiding party to witness the recovery
being made from the appellant. In case
any of the shopkeepers had declined to
join the raiding party, the police could
have later on taken legal action against
such shopkeepers because they could not
have escaped the rigours of law while
declining to perform their legal duty to
assist the police in investigation as a
citizen, which is an offence under the
IPC“.
In a case law reported as “Roop Chand Vs. The State
of Haryana” 1999 (1) C.L.R. 69, the Punjab & Haryana High
Court held as under:-
“3. I have heard the learned counsel for
the parties and gone through the evidence
with their help. The recovery of illicit
liquor was effected from the possession of
the petitioner during noon time and it is in
the evidence of the prosecution witnesses
that some witnesses form the public were
available and they were asked to join the
investigation. The explanation furnished
by the prosecution is that the independent
witnesses were asked to join the
investigation but they refused to do so on
the ground that their joining will result
into enmity between them and the
petitioner”. “4. It is well settled principle
of the law that the Investigating Agency
should join independent witnesses at the
time of recovery of contraband articles, if
they are available and their failure to do
so in such a situation casts a shadow of
doubt on the prosecution case. In the
present case also admittedly the
independent witnesses were available at
the time of recovery but they refused to
associate themselves in the investigation.
This explanation does not inspire
confidence because the police officials
who are the only witnesses examined in
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
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-:27:-the case have not given the names and
addresses of the persons contacted to join
it is a very common excuse that the
witnesses from the public refused to join
the investigation. A police officer
conducting investigation of a crime is
entitled to ask anybody to join the
investigation and on refusal by a person
from the public the Investigating Officer
can take action against such a person
under the law. Had it been a fact that the
witnesses from the public had refused to
join the investigation, the Investigating
Officer must have proceeded against them
under the relevant provisions of law. The
failure to do so by the police officer is
suggestive of the fact that the explanation
for non-joining the witnesses from the
public is an after thought and is not
worthy of credence. All these facts taken
together make the prosecution case highly
doubtful”.
19. The remaining prosecution witnesses were formal
police witnesses who merely deposed regarding the manner of
investigation.
CONCLUSION
20. Since the prime witness of the prosecution case
namely PW1 Lallan Kumar, who is the victim/complainant have
not supported the case of the prosecution on the point of
identification of the accused persons and there is no technical
evidence on record in the form of any CCTV Footage and
considering the overall evidence on record, especially the
testimony of complainant Lallan Kumar who was examined as
PW-1, I have no hesitation in holding that the incident has been
SC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Digitally signed
by VANDANA
Page No. 27 of 28
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-:28:-duly proved on record beyond any reasonable doubt, however,
there is no evidence on record to connect accused persons to the
commission of the reported offence of robbery. The victim
Lallan Kumar has failed to identify him as assailants and there is
no technical evidence on record to establish his identity as the
assailant of the reported incident. Accordingly, accused Akash
Kumar, Brijesh Patel, Veer Singh @ Veeru, Chandan Kumar
Chaurasia and Jitender Kumar Jeetu are acquitted of the offence
under Section 395/411 IPC. Accused Veer Singh @ Veeru is also
acquitted of the offence under Section 397 IPC case on account
of insufficiency of evidence.
21 File be consigned to the Record Room, after due
compliance. Digitally signed
by VANDANA
Date:
VANDANA 2026.02.24
17:34:29
+0530Dictated and announced (VANDANA)
in the open Court on 24.02.2026 Addl. Session Judge-02
(running into 28 pages) (North), Rohini Courts/DelhiSC No. 137/2023, FIR No. 897/2022, PS Bhalswa Dairy
State Vs. Akash Kumar Etc.
Page No. 28 of 28
