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State Vs. Captain Singh

PBGD010014542021

Presented on : 26-02-2021
Registered on : 26-02-2021
Decided on : 23-01-2024
Duration : 2 years, 10 months, 25 days

IN THE COURT OF
Additional District and Sessions Judge
AT ,Gurdaspur
(Presided Over by Sh. Raman Goklaney)

SC/68/2021
STATE
VS
Captain Singh son of Avtar Singh, resident of Village Gill Bobb, PS Sri
Hargobindpur, Tehsil Batala, District Gurdaspur.
….Accused
FIR No. 100 dated 09.06.2018.
Under Sections : 379-B, 411 IPC.
Police Station: City Batala.

Present : Sh.Aman Sharma, Additional Public Prosecutor for State.

Accused Captain Singh in custody ( produced)
Defence counsel Sh.Kewal Singh Saini, Advocate.

1. Introduction:-

JUDGMENT:

This judgment pertains to case title ‘State Vs. Captain Singh’

bearing case No. SC-68-2021 arising out of FIR No. 100 dated 09.06.2018

under Section 379-B of Indian Penal Code (hereinafter referred to as

‘IPC’) {Section 411 IPC added lateron vide Rapat No. 22 dated

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

10.06.2018} registered at PS City Batala, Police District Batala District

Gurdaspur (Pb.).

Criminal law was set into motion in pursuant to written

complaint moved by Anamica (Complainant) daughter of Ashok Kumar on

the accusation of commission of offence of snatching by Motorcyclist on

dated 09.06.2018 at about 8:00 AM in the area of Police Station City

Batala. Accused-Captain Singh was nominated in the aforesaid FIR vide

Rapat No. 22 dated 10.06.2018.

2. Prosecution story:-

In brief, the case of the prosecution is that on dated

09.06.2018, ASI Sawinder Singh along-with other police officials were

present at Nehru Gate, Batala in connection with patrolling duty, then

Anamica daughter of Ashok Kumar resident of H.No.13, Diamond colony,

Batala along-with her father Ashok Kumar S/o Des Raj approached them

and moved written complaint which was addressed to SHO, P.S. City

Batala and it was mentioned in the complaint that complainant/Anamica at

about 8:00 AM was going from her house to Shani Mandir to pay

obeisance then one clean shaven young man came on his motor-cycle from

the backside driven by him at very high speed and snatched her purse

being carried by her in her left hand and after snatching the purse went

towards Qadian Chungi. She stated in her complaint that her purse

contained one pair gold ear rings, one gold ring, one gold tikka and total

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

weight of gold articles was about 11 gm and the purse also had Rs.400/-

cash in it. The complainant in her complaint pleaded for taking action

against the accused person and for getting recovered the snatched articles.

After receipt of the complaint of complainant Anamica, case

FIR No.100 dated 09.06.2018 under Section 379-B IPC was registered at

jurisdictional police station i.e. at P.S. City Batala. After registration of

FIR, site plan was prepared. Statement of the witnesses were recorded.

It is the case of the prosecution that on 10.06.2018, ASI

Sawinder Singh along-with police party were present near Civil Hospital

Batala in connection with patrolling and were checking motor-cycles then

secret informer told ASI that one young man on black and blue coloured

passion motor-cycle is roaming in the area of Dharampura Colony and in

case he be inquired then the important information in respect of occurrence

dated 09.06.2018 could be revealed. Upon this ASI Sawinder Singh along-

with police party laid down special barricading in the area of Pahari Gate

Batala and after short while one young man seen coming from the side of

Shani Mandir on indicated motorcycle. The said young man was signalled

by the police party to stop. However, he tried to fled away. Whereupon, he

was apprehended by ASI Sawinder Singh with the help of his fellow police

officials and on being asked, the young man disclosed his name as Captain

Singh S/o Avtar Singh R/o village Gill Bob, P.S. Hargobindpur and on

being searched, one pink colour ladies purse recovered from his worn

lower and when the purse was checked then small purse of cream colour

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

recovered from it which was wrapped in red paper. From the purse one

ladies ring, ear rings and one tikka which weighed about 10 gm 600 mg. It

is the case of the prosecution that when the apprehended young

man/Captain Singh was asked about the ownership of the said articles then

he disclosed that he had snatched the said articles on 09.06.2018 from a

lady aged about 30/31 years at about 8:00 am and he further stated that he

was going to the shop of jeweller for selling the same. The articles as well

as motor-cycle was taken into police possession. Further, vide rapat No.22

dated 10.06.2018 an offence under Section 411 IPC enhanced in the FIR

and vide rapat No.22 dated 10.06.2018. Accused Captain Singh was

nominated in the FIR. It is the case of the prosecution that on dated

11.06.2018, the complainant Anamica identified accused Captain Singh,

the motor-cycle as well as purse and the gold articles recovered from the

accused. On dated 16.06.2018, father of complainant/Anamica namely

Ashok Kumar produced the bills of gold articles to the police which were

taken into police possession and on dated 22.06.2018 ASI Sukhwinder

Singh tried to verify the ownership of the motor-cycle from that Unique

Motors, motor-cycle agency situated at Jalandhar Road, Batala and also

from RTA Gurdaspur, however, could not able to verify the details of

ownership of motor-cycle. After the completion of investigation and other

formalities, challan/report under section 173 Cr.P.C. presented against

accused Captain Singh in the Court of Illaqa Magistrate.

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

3. Compliance of Section 207 of Criminal Procedure Code and

Order of Committal
After completion of investigation into the aforesaid FIR,

accused has been sent up to stand trial for offences punishable under

Section 379-B & 411 of IPC by SHO, PS City Batala. Report U/s 173 of

the Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’)

presented before the Court of Sub Divisional Judicial Magistrate, Batala on

dated 01.09.2020 in the absence of accused. Ld. Sub Divisional Judicial

Magistrate after complying with the provisions of Section 207 of the

Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’) supplied the

copies of Charge-sheet and other documents to the accused.

Since Ld. Sub Divisional Judicial Magistrate found that case

relating to offence under Section 379-B of IPC is exclusively triable by the

Court of Sessions, therefore Ld. Sub Divisional Magistrate committed the

case to the Court of Sessions vide commitment order dated 19.02.2021 and

the same was entrusted to this Court for trial.

4. Charge:

From the perusal of the report under Section 173 Cr.PC and

documents appended therewith and after scrutinizing the said documents

along-with statement of witnesses and other material placed on record,

prima facie offence punishable under Section 379-B/411 of Indian Penal

Code was made out against accused. Consequently, charge under said

Sections were framed against the accused by this court to which accused

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

pleaded not guilty and claimed trial. Thereafter prosecution was called

upon to lead evidence.

5. Prosecution Evidence:

Prosecution in order to prove its case and charges against the

accused examined following witnesses and brief resume of the

statement(s) of the witnesses is as under:

5.1 PW1-Anamica appeared in the witness box and deposed that on

09.06.2018 at about 8:00 AM when she was going from her house to

Shani Mandir to pay obeisance then one clean shaven young man

aged about 24/25 Years came on his Motorcycle from backside

being driven very high speed and snatched her purse being carried

by her in her left hand and thereafter, he went towards Qadian

Chungi. She deposed that her purse was containing pair of Gold

Earrings, Gold Lady Ring, Gold Tikka and currency of Rs. 400/-.

The weight of the gold articles were about 11 Grams. They tried to

trace out the accused at own level but remained unsuccessful to find

out him. She stated that she moved an application (Ex.P1/PW1) to

SHO PS City Batala and she identified her signature on the said

application at Point A. She further stated that on 11.06.2018

investigator called her at the Police Station and she along with her

father went to Police Station where investigator shown her gold

articles and purse. She identified her articles (Pair Gold Earrings,

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

Gold Lady Ring, Gold Tikka & Pink colour purse). She identified

the accused amongst 4/5 persons of similar resemblance. She

identified the accused present in the Court also. She identified the

black & blue coloured Motorcycle which was used by the accused at

the time of occurrence. She proved on record Identification Memo

(Ex.P2/PW1) as the same was witnessed by her by putting her

signature upon that. She further stated that she got released gold

articles on Sapurdari and the said Articles she brought in the Court

at the time of making deposition (The gold articles and purse seen

and returned). The purse exhibited as Ex.MO1, pair of Gold

Earrings as Ex.MO2, Gold Lady Ring as Ex.MO3, Gold Tikka as

Ex.MO4. She stated that the investigating officer recorded her

statement during investigation.

5.2 PW2-Ashok Kumar deposed that he retired as XEN from Powercom

Department, Batala. He stated that on 09.06.2018 at about 8:30 AM

when he was present in his house then his daughter Anamica told

him that at about 8:00 AM when she was going to Shani Mandir to

pay obeisance then one clean-shaven young man of aged about

24/25 Years came on his Motorcycle from backside driven by him at

very high speed and snatched her purse containing Gold Earrings,

Gold Lady Ring, Gold Tikka & currency of Rs. 400/-. He deposed

that on dated 16.06.2018 he visited the Police Station City Batala

and handed over the Gold Article Bill Mark A dated 25.04.2017 of

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

Shiwam Jewellers to the Investigator of the case. He further deposed

that IO (Investigating Officer/Investigator) took possession of the

bill vide Ex.P1/PW2 and he attested the same as witness. He stated

that IO recorded his statement during investigation.

5.3 PW3-SI Sawinder Singh deposed that on 09.06.2018, he along with

Police Party headed by him was present at Nehru Gate, Batala in

relation to special Nakabandi, where complainant Anamica along

with her father Ashok Kumar came to him and moved application

Ex.P1/PW1. On the basis of the application, he recorded Police

Proceedings Ex.P1/PW3. He stated that thereafter he sent Ruqa

through Ct. Nirmaljit Singh for registering the FIR (Ex.P2/PW3). He

deposed that FIR was registered by SI Ram Singh, whose signature

he identify at Point A on the FIR. He stated that endorsement

(Ex.P3/PW3) was made by SI Ram Singh on Ruqa.He further stated

that he along with complainant and Police Party visited the spot of

occurrence and prepared site plan (Ex.P4/PW3). He further deposed

that on 10.06.2018 on the basis of secret information he held Naka

at Pahari Gate, Batala and arrested the accused while he was coming

on the Motorcycle from the side of QadianChungi. He proved on

record arrest –cum- intimation memo (Ex.P5/PW3). He deposed that

intimation about the arrest of accused Captain Singh was given to

his brother Gurjant Singh. He deposed that during the search of

accused one lady purse of Pink colour recovered from the waistband

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

(dub) of the lower of the accused. He deposed that on search of the

purse, one small purse containing gold articles i.e. Gold Earrings,

Gold Lady Ring, Gold Tikka recovered from the accused. He

deposed that after weighing the gold articles, it came to be 10 Grams

& 600 Milligrams. He stated that purse along with gold articles

taken into police possession vide memo (Ex.P6/PW3). He deposed

that accused suffered disclosure statement (Ex.P7/PW3). Personal

search of the accused conducted vide memo (Ex.P8/PW3). He

deposed that black & light blue coloured Motorcycle without

number was taken into police possession vide memo (Ex.P9/PW3).

Site Plan (Ex.P10/PW3) was prepared at the spot. He further stated

that on return to the Police Station offence under Section 411 IPC

was enhanced vide DDR No. 22 & 23 dated 10.06.2018

(Ex.P11/PW3 & Ex.P12/PW3). He further deposed that on

11.06.2018 complainant Anamica was called at the Police Station

and she along with her father Ashok Kumar came to the Police

Station and identified gold articles as well as Motorcycle. He

deposed that Complainant also identified accused person amongst

4/5 persons of similar resemblance. He deposed that he prepared

identification memo (Ex.P2/PW1) of Gold Articles, Motorcycle &

accused. He further deposed that on 16.06.2018 Ashok Kumar father

of the complainant produced bill of gold articles and he taken the

same into possession vide memo Ex.P1/PW2. He deposed that on

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

05.04.2019 he moved an application (Ex.P13/PW3) to RTA

Gurdaspur for verification of the RC of the recovered Motorcycle.

He stated that gold articles were released by the complainant on

Sapurdari and the same were produced by the complainant in her

evidence before the Court. He deposed that he has brought the

recovered Motorcycle make Passion and the same is Ex.MO5.

5.4 PW4-Abhishek Sehdev stated that he is running gold jewellery shop

in the name and style of Shivam Jewellers and on 25.04.2017 he

issued Bill Ex.P1/PW3 to Anamica for purchasing the gold articles

i.e. one gold tikka, one gold ring and on paid of gold earring, total

weight 10.600 gm and taken Rs. 33828. The said witness identified

his signature at Point A on the Bill.

5.5 PW5-ASI Parmjit Singh deposed that on 09.06.2018 he was posted

as HC at P.S. City Batala. He stated that he along with the police

party headed by ASI Sawinder Singh were present at Nehru Gate,

Batala, in relation to the special Naka Bandi where complainant

Anamica along with her father Ashok Kumar came before IO and

moved application (Ex.P1/PW1). PW5 further deposed that on the

basis of the application IO recorded Police Proceedings

(Ex.P1/PW3) and ruqa was sent through Ct. Nirmaljit Singh for

registering FIR (Ex.P2/PW3) and same was registered by SI Ram

Singh, whose signature he identify at Point-A. He further deposed

that endorsement on ruqa (Ex.P3/PW3) also made by SI Ram Singh.

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

Thereafter, IO along-with the complainant and police party visited

the spot of occurrence and prepared site plan (Ex.P4/PW3). He

deposed that on 10.06.2018 he was also in the police party of IO

ASI Sawinder Singh. On the basis of secret information IO held

Naqa at Pahari Gate Batala and arrested the accused while he was on

the motorcycle from the side of Qadian Chungi and Arrest-cum-

Intimation Memo (Ex.P5/PW3) of accused Captian Singh was

prepared and intimation was accordingly given to Gurjant Singh

brother of accused. He further stated that during the search of the

accused one lady purse pink coloured recovered from the dub (waist

band) of the of accused and on search of the purse one small purse

recovered from the purse which contains gold articles i.e. one gold

lady ring, one gold tikka and pair of gold ear rings. After weighing

the gold articles same were taken into possession vide memo

(Ex.P6/PW3). He deposed that after disclosure statement

(Ex.P7/PW3) of accused, personal search conducted vide memo

(Ex.P8/PW3) and motorcycle without number colour black and

light blue taken into possession vide memo (Ex.P9/PW3) and

recovery memo of site plan (Ex.P10/PW3) prepared at the spot. On

return to the police station offence under Section 411 IPC was

enhanced against the accused. He further deposed that on

16.06.2018 Ashok Kumar father of complainant produced bill Mark-

A regarding the gold articles to IO and same was taken into

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

possession by IO vide memo already exhibited as Ex.P1/PW2.

Lastly, he deposed that the above said memos were witnessed by

him and Ct. Nirmal Singh as attesting witness and he identify the

accused present in the court.

5.6 PW-6 ASI Dilbagh Singh deposed that on 10.06.2018 he was posted

as MHC P.S. City Batala. He stated that on that day IO-ASI

Sawinder Singh produced the gold articles i.e. one gold tikka

weighing 3.480 gm, gold ring 3.120 gm, pair of gold tops 4 gm, one

purse red colour and motorcycle without number, and he kept the

said case property in his own possession after making an entry in

Register no. 19 at serial no. 98. He further deposed that on

11.06.2018, IO called the complainant at the police station where

she came along-with her father Ashok Kumar and she identified the

gold articles from other gold articles and also identified the

motorcycle used by the accused during the commission of the

offence. She also identified the accused Captain Singh from the

other persons of similar resemblance and after that IO prepared

identification memo of accused, gold articles and motorcycle

(Ex.P2/PW1) and the same was witnessed by him and HC Amrik

Singh as attesting witness. He further stated that during

investigation, IO recorded his statement and he identify the accused

present in the court. He deposed that he has also brought the original

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

register no. 19 along-with him and copy of the same is Ex.P1/PW6

(Original register seen and returned).

5.7 PW-7 Vishnu Dutt, Data entry operator at RTA office Gurdaspur,

deposed that he has brought the summoned record pertaining to the

chassis no. 13330 and engine no. 15682, As per their record the

registration number of the above said vehicle make passion bearing

no. PB-06-H-3599 and the same is registered on the name of

Jatinder Kumar S/o Kans Raj Village Khichian, District Gurdaspur.

He further deposed that he has brought the attested screen report

(Ex.P1/PW7) along-with the certificate under Section 65-B Indian

Evidence Act (Ex.P2/PW7) and identify his signature at point-A on

both the exhibits.

6. Examination of accused U/S 313 Cr.P.C. :-

Statement of the accused under Section 313 Cr.P.C.was

recorded, wherein all the incriminating circumstances appearing against

him in the prosecution evidence were put to him. The accused denied all

the incriminating circumstances and pleaded his innocence and false

implication in the present case. However, the accused did not lead any

evidence in his defence.

7. Hearing of Public Prosecutor for State :-

Sh. Bikramjeet, Ld. Additional Public Prosecutor has argued

that from the evidence on record, it is proved that accused had snatched the

purse containing one pair of gold earrings, one gold ring, one gold tikka

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

and currency notes of Rs. 400/- from the possession of the complainant

(PW1). He next submitted that accused has been identified by the

complainant Anamica and stolen articles were recovered from the

possession of the accused. He next submitted that the articles recovered

from the accused were identified by the complainant and even the

ownership of the recovered articles proved on file by prosecution

witnesses. While referring to the testimonies of the prosecution witnesses,

he has argued that all the material witnesses have entered into witness box

and they have fully supported the case of prosecution and corroborated one

another on each & every aspect of the case. He next submitted that link

evidence is also found to be in existence and all relevant documents have

been duly proved and accordingly, prayed that accused be convicted and

punished as per law.

8. Hearing of Defence Counsel :-

On the other hand Sh. Kewal Singh Saini, Advocate, Ld.

Defence Counsel appearing on behalf of the accused has submitted that

prosecution has not been able to prove its case against the accused. He

argued that no public witness was joined during arrest & seizure of the

alleged case property and hence the testimony of the police officials

becomes doubtful being interested witnesses. He next submitted that the

ownership of the Motorcycle is not of the accused and no evidence has

been brought on record by the prosecution to link the alleged Motorcycle

with the accused. He next submitted that unsolved case has been foisted

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

upon the accused With these submissions, Ld. Defence counsel submitted

that prosecution has failed to prove the charge against the accused beyond

the shadow of reasonable doubt, as such the accused deserves to be

acquitted and prayed that accused be acquitted from the charges framed

against him.

9. Analysis And Findings:-

This Court has gone through the oral testimonies of following

witnesses examined by the prosecution:-

Sr No. Prosecution Name of Witness Nature of Evidence

Witness No.
1. PW1 Anamica Complainant – proved the
occurrence of snatching and
identified the accused
2. PW2 Ashok Kumar Corroborate the version of
the complainant as he
stated that complainant
immediately after the
occurrence narrated him the
story of snatching.
3. PW3 SI Sawinder Singh Stated that matter was
reported by the complainant
and her father to the police
immediately and proved on
file the stolen articles
recovered from the
accused. Other material
aspects concerning
investigation of the case
proved by him.
4. PW4 Abhishek Sehdev Proved on record
ownership of the gold
articles.
5 PW5 ASI Parmjit Singh Proved on record the
recovery of snatched gold
articles from the accused
and proved the memo of
recovery as well as arrest –
cum- intimation memo of

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

accused Captain Singh.

6. PW6 ASI Dilbag Singh He was posted as MHC and
deposed that on
10.06.2018, ASI Ravinder
Singh produced gold
articles pair of gold ear
rings (4 Gramss), one gold
ring (3.120 Grams), one
gold tikka (3.480 Grams)
and Motorcycle without
number and he kept the
above said case property in
his possession after making
an entry in Register No. 19
at Sr. No. 98 and proved on
record the copy of original
register as Ex.P1/PW6
7. PW7 Vishnu Dutt (Data Brought summon record of
Entry operator at RTA Motorcycle with Chassis
office Gurdaspur) No. 13330 and Engine No.
15682 and proved that
registration number of the
said vehicle is PB-06-H-
3599 and is registered in
the name of Jatinder Kumar
son of Kans Raj.

Prosecution witnesses during their testimonies proved on file following

material documents:-

Sr Exhibit No. Nature Documents

No.
1 Ex.P1/PW1 Application to SHO
2 Ex.P2/PW1 Identification Memo
3 Ex.P1/PW2 Possession Memo (Gold Articles Bill Dated
25.04.2017)
4 Ex.P1/PW3 Police Proceedings
5 Ex.P2/PW3 Ruqa
6 Ex.P3/PW3 Endorsement Memo
7 Ex.P4/PW3 Site Plan
8 Ex.P5/PW3 Arrest-cum- Intimation Memo
9 Ex.P6/PW3 Recovery Memo (Purse+ Gold Articles)
10 Ex.P7/PW3 Disclosure Statement
11 Ex.P8/PW3 Search Memo
12 Ex.P9/PW3 Possession Memo (Motorcycle)
13 Ex.P10/PW3 Memo of Site plan

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

14 Ex.P11/PW3 DDR No.22

15 Ex.P12/PW3 DDR No.23
16 Ex.P13/PW3 Application to RTA for RC verification
17 Ex.P1/PW6 Original Register No. 19
18 Ex.P1/PW7 Attesting Screen report
19 Ex.P2/PW7 Certificate under Section 65B Indian Evidence Act
20 Ex. MO1 Purse
21 Ex. MO2 Pair of Gold earrings
22 Ex. MO3 Gold lady ring
23 Ex. MO4 Gold tikka
24 Ex. MO5 Motorcycle

10. After giving thoughtful consideration to the matter in

controversy and pursuing the oral as well as documentary evidence

available on record this Court is of the considered opinion that from the

evidence on record, it has been established that the accused had snatched

the purse containing one pair of gold ear rings, one gold ring, one gold

tikka and currency notes of Rs. 400/- from the possession of the

complainant on dated 09.06.2018 at about 8:00 AM when complainant was

going from her house to Shani Mandir in the area of Police Station City

Batala for the following reasons:-

(i) The complainant (PW1) has specifically deposed that on

09.06.2018 at about 8:00 AM when she was going from her
house to Shani Mandir to pay obeisance then one clean shaven
young man came on his Motorcycle from back side being driven
at very high speed snatched her purse and went towards Qadian
Chungi.
(ii)The version finds corroboration from the testimony of father
of the complainant namely Ashok Kumar (PW2) as he stated
that on 09.06.2018 when he was present at his house then her
daughter told him that at about 8:00 AM when she was going to

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

Shani Mandir to pay obeisance then one clean shaven young man
came on his Motorcycle from back side and snatched her purse.
(iii)Further PW3 (SI Sawinder Singh) stated that on 09.06.2018
when he along with Police Party headed by him were present at
Nehru Gate, Batala in relation to special Naka, then complainant
Anamica along with her father Ashok Kumar came before him
and moved application Ex.P1/PW1 and on the basis of said
application FIR (Ex.P1/PW3) registered.
(iv)The matter was reported to the police immediately after the
occurrence on dated 09.06.2018 and on receipt of the information
FIR was registered immediately in respect of the occurrence in
question.
(v) PW3 (SI Sawinder Singh) further deposed that on 10.06.2018
on the basis of secrete information he held Naka at Pahari Gate,
Batala and apprehended one motorcyclist who disclosed his
name as Captain Singh and during the search of the said Captain
Singh (accused) one pink coloured lady purse recovered from
him and on further search small Purse containing gold articles
weighing 10 Gram & 600 Milligram recovered from it which
were taken into police possession. The Motorcycle without
number Black & light Blue colour make Passion was also taken
to possession. He further deposed that on 11.06.2018, the
complainant Anamica was called at Police Station who along
with her father came to him and identified the gold articles as
well as Motorcycle. Complainant (PW1) also identified accused
Captain Singh amongst 4/5 persons of similar resemblance
during the investigation and identification memo Ex.P2/PW1
proved on record by the prosecution.
(vi)PW1 (Anamica) by stepping into witness box has identified
accused Captain Singh present in the Court.

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
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State Vs. Captain Singh

(vii)Prosecution has examined PW4 Abhishek Sehdev who

proved on record the bill of gold articles as Ex.P1/PW3 and said
witness deposed that he is running gold Jewellery Shop in the
name & style of Shiwam Jewellers and on 25.04.2017 he sold
gold articles i.e. pair of gold ear rings, one gold ring, one gold
tikka, total weight 10.600 Grams to Anamica and received Rs.
33828/-. PW4 proved bill issued to complainant.
(viii)The accused has not claimed ownership of the Articles in
question recovered from him. On the other hand prosecution not
only proved that complainant identified the articles recovered
from the accused but also proved the ownership of the recovered
articles. Further recovery of stolen articles from possession of the
accused immediately i.e. on following day strengthened the case
of the prosecution and corroborates the ocular version.
(ix)This Court does not find any reason to disbelieve the
testimonies of the witnesses particularly when no motive has
been attributed to them by the accused for implicating him in
false case.
(x) As far as the argument of Ld. Defence Counsel that police did
not join any independent witness at the time of alleged recovery
and false case has been foisted upon the accused, it is suffice to
mention here that mere non-joining of independent witness is not
fatal to the case of the prosecution because there is no reason as
to why the complainant could have falsely implicated the
accused in the case and secondly recovery of the stolen articles
from the possession of the accused after the occurrence being
corroborated by the ocular version.
(xi)As far as the argument of Ld. Defence Counsel that
ownership of the Motorcycle is not of the accused and no
evidence has been brought on record by the prosecution to link

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
 ~20~
State Vs. Captain Singh

the alleged Motorcycle with the accused. In this regard it is

pertinent to mention here that after the occurrence, the
Motorcycle recovered from the accused and the same was
identified by the complainant. As such this argument of the
defence counsel is not of much significance so as to cause dent in
the story of the prosecution which has been duly proved on file
establishing the guilt of the accused beyond shadow of
reasonable doubt.

11. So, in view of the foregoing discussion, the prosecution has

successfully been able to prove the guilt of the accused beyond reasonable

doubt. Accordingly, the accused is hereby held guilty and he stands

convicted for commission of offence punishable under Sections 379-B of

Indian Penal Code. The accused is acquitted of charge framed against him

under Section 411 IPC. The case property be disposed off as per rules.

Let, the accused Captain Singh who is already in custody be heard on the

quantum of sentence

Pronounced in open Court.

On 23.01.2024. (Raman Goklaney)
(UID No PB0687)
Additional Sessions Judge,
Gurdaspur.
*iqbalsinghjw*

QUANTUM OF SENTENCE

Present: Sh.Aman Sharma, Additional Public Prosecutor for State.

Accused Captain Singh in custody represented by Sh. Kewal
Singh Saini, Advocate.

12. I have heard the arguments on the quantum of sentence put

forward by learned Additional Public Prosecutor for State and learned

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
 ~21~
State Vs. Captain Singh

counsels appearing on behalf of convict. It has been submitted on behalf of

the convict he is a poor person. He is a married man. He has the

responsibility of his old aged parents and his wife and children. He is the

only bread winner of his family. He prayed that lenient view may be taken.

The learned Addl.PP for the State has replied that, the convict do not

deserve any leniency and he prayed for maximum sentence prescribed by

the law may be imposed upon the convict.

13. This Court has carefully considered their contentions. The

purpose of sentencing is to deter the convict not to repeat the offence in

future and become a good member in the society. On the other hand, the

punishment should not be too harsh which results the convict becoming a

hard core criminal. In this case, in the considered opinion of this Court, the

convict do not deserve too much leniency as that amounts to overlooking

the gravity of the offence. In the case, like the present one, the Courts are

required to deal with such cases with utmost sensitivity. Since in the

present case causing of wrongful restraint and hurt is not involved. The

matter is covered by Part-1st of Section 379-B IPC.

14. Thus, keeping in view the facts and circumstances of the

present case and taking into consideration the above mentioned facts and

circumstances on record, the convict is hereby sentenced as under:-

Name U/S R.I. Fine In default

R.I.
Captain 379-B of IPC Five years 5000/- Two months
Singh

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687
 ~22~
State Vs. Captain Singh

15. The benefit of section 428 of Code of Criminal Procedure

shall be given to the convict for the period already undergone by him

during the investigation/inquiry/ trial, as per rules. Fine has not been paid.

A copy of this judgment and the order of sentence be supplied to the

convict Captain Singh, free of costs. The case property, if any, be disposed

of as per rules, after the expiry of period of appeal, if any. File be

consigned to the record room.

Pronounced in open Court.

On 23.01.2024. (Raman Goklaney)
(UID No PB0687)
Additional Sessions Judge,
Gurdaspur.
*iqbalsinghjw*

Raman Goklaney,
Additional Sessions Judge, Gurdaspur
Dated: 23.01.2024.
UID No PB0687