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| Vehicle lifter awarded one year’s RI | | Court passes strictures against IO | | Early Times Reporter
Jammu | Apr 28
Sub-Judge Jammu Mr. YP Bourney today awarded one year's rigorous imprisonment and fine of Rs 4000 to accused Vipan Kant r/o Badagi Tehsil Gandoh who committed the theft of Tata-Sumo from Railway Station Jammu on April 7, 2007. The police recovered the vehicle and after completion of investigation presented challan in the Court of Law.
Sub-Judge after hearing Sr PO Mr. Kulbhushan Sharma appearing for the State and Adv R. Chargotra appearing for the accused observed that it has been clearly established that the vehicle came to be stolen from Taxi-stand Railway Station in wee hours of April 8, 2007 and accused was caught along with the stolen vehicle at Skater by one Bansi Lal at about 7.30 Am and was handed over to the police. The accused in his examination stated that he was hired by someone from Udhampur whom he did not know to take the vehicle up to Udhampur and in that way did not dispute the recovery of vehicle from him at his instance and offence u/s 379 RPC is clearly proved against accused. The accused is young man of 21 years of age, it is his first crime. The manner in which the offence was committed also reflected that he was novice in the crime world. The gravity and heinousness of his offence dis-entitles from being given the benefit of probation of offenders Act yet he deserves certain leniency. Keeping all the circumstances the accused is sentenced to undergo rigorous imprisonment for one year and also pay fine Rs 4000/-.
While convicting the accused, Court took serious note of the investigating agency and observed that the investigating skills of the police do not meet the challenges of ordinary crime, leave about the organized crime. The Government must take a cue from the simple case like the present one in which the investigating officer Kamaal Din ASI could not assimilate the fact as they got uncovered for any reasons whatsoever, but it belies the faith of common man in the functioning. The IO further did not prepare the arrest memo as per thee guidelines laid down by the Apex Court and even ignored to mention the recovery of the duplicate keys used in the crime and in the process has failed to understand that how could the keys have been recovered from the accused on April 19, 2007 when the accused was in police custody since April 8, 2007 and nothing was shown to have been recovered on his personal search at the time of his arrest. The said facts present a glimpse of the working of the police as an investigating agency. Court sends a copy of this judgment to Commissioner/Secretary Law for the information. JNF |
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