While sentencing two Jhajjar district men to 10 years imprisonment in a March 2019 robbery case, Panipat’s additional sessions judge Nishant Sharma has reprimanded the investigating officer (IO) for “negligence” and observed that the IO not performing his duty well cannot be a ground to acquit the accused.
The case was lodged under Section 392 (robbery) and 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code at police station Madlauda in Panipat. Neeraj, 23, resident of Silana and Kuldeep, alias Kallu, 34, of Khumar in Jhajjar district, were convicted on Monday. Both the convicts were also directed to pay a fine of ₹25,000 each. In default of payment of the fine, they will further undergo rigorous imprisonment for a period of one year.
As per the court order, in this case, the IO “made no effort” to trace out the persons to whom the accused had delivered the mobile phone, documents and jewellery articles. The IO also failed to get the pistols allegedly recovered from the accused in another case registered under Arms Act at the police station city, Jhajjar.
“Just because the IO had not performed his duty well, it cannot be a ground to acquit the accused...,” additional sessions judge Sharma has stated, pointing out that for the negligence of the IO, the version of the complainant cannot be disbelieved.
{{/usCountry}}“Just because the IO had not performed his duty well, it cannot be a ground to acquit the accused...,” additional sessions judge Sharma has stated, pointing out that for the negligence of the IO, the version of the complainant cannot be disbelieved.
{{/usCountry}}Though no recovery of any firearms had been effected from the accused in this case, the court stated that recovery of weapons was not essential to convict the accused.
According to Arvind Kumar, assistant public prosecutor, the complainant and eyewitnesses had duly identified the accused, who had decamped with ₹2 lakh cash, gold jewellery etc.
Kumar said the accused had not been apprehended at the spot and they were later arrested on the basis of disclosure statements made by them in different cases. But, the accused were identified by the complainant and his family members in the court as the same persons who had committed the offence of robbery.
The complainant Bunty, alias Deepak, son of Prem Chand had stated that on March 2, 2019, around 11:30 pm someone called his name and asked to come out of the house. When he opened the door, a man pointed a pistol at his head and grabbed him by the neck. There were three more persons with pistols in their hands. Once inside the house, they pointed the pistols at other members of the family and threatened to kill them if they did not hand over the keys to the house. The accused locked the complainant, his father, mother, wife and son in the bathroom.
The robbers fled away with ₹2 lakh, gold jewellery etc. The complainant somehow jumped the wall of the bathroom and opened the door. He then called the neighbours and later the police and informed them of the incident.