Delhi District Court
State vs . Tanveer on 7 September, 2015
IN THE COURT OF MS. VANDANA JAIN:
METROPOLITAN MAGISTRATE ( MAHILA COURT):
SOUTH EAST : SAKET COURTS: NEW DELHI
JUDGMENT
STATE Vs. TANVEER FIR NO. : 200/14 U/s 354D/323/506/509 IPC PS : LAJPAT NAGAR A. ID No. of the Case : 020406R0152152014 B. Date of Institution : 08.05.2014 C. Date of Commission of Offence : 30.03.2014 D. Name of the complainant : Amna D/o Mohd Nawab R/o H.No. P-175, Batla House, Okhla, Jamia Nagar, New Delhi.
E. Name of the Accused : Tanveer S/o Late Mohd Rahees
R/o H. No. S-53/109, Gandhi Camp,
Shriniwaspuri, New Delhi
F. Offence complained of : U/s 354D/323/506/509 IPC
G. Plea of the Accused : Pleaded not guilty
H. Final order : Acquitted
I .Date of such order : 07.09.2015
FIR No. 200/14, PS: Lajpat Nagar State Vs Tanveer Pages No. 1 of 3
Brief Statement of reasons for decision of the case:
1. On 30.03.2014, at about 09:00 PM near KFC, Lajpat Nagar-II, when complainant was returning to her home, accused Tanveer followed her and when she resisted him, he slapped her and abused her in filthy language. Thereafter, he went to her house and told the whole incident to her father and made a complaint against accused Tanveer.
2. On the basis of this complaint FIR No. 200/14, U/s 354D/323/506/509 IPC was registered. After carrying out the investigation, charge sheet was filed. Accused was summoned. After compliance of section 207 Cr.P.C, notice was framed against accused Tanveer U/s 354D/323/506/509 IPC on 15.01.2015.
3. Prosecution cited six witnesses out of which only three witness i.e PW-1 Aamna , complainant in the present case, PW-2 Nawab Mohd, father of complainant, PW-3 Ct Amit who accompanied with IO in the present case were examined.
4. Thereafter, prosecution evidence was closed. Statement of the accused under Section 313 Cr.P.C. was dispensed with due to absence of incriminating material on record.
5. I have heard the learned APP for state and the counsel for both accused.
6. On appreciation of evidence, it is revealed that PW-1 Ms. Amana complainant was the star witness of the case and PW-2 Nawab Mohd, father of complainant who were turned completely hostile. As such the prosecution has failed to produce anything incriminating on record to link the accused with the alleged offence or to prove the guilt FIR No. 200/14, PS: Lajpat Nagar State Vs Tanveer Pages No. 2 of 3 of the accused persons. The factual matrix of the case has not been proved. I feel no hesitation in stating that prosecution has failed to prove its case against the accused.
Accordingly accused namely Tanveer is acquitted for the offence under Section 354D/323/509 IPC.
7. Put up for furnishing of bail bonds U/s 437 A Cr.P.C.
Announced in the Open Court on 07.09.2015 ( VANDANA JAIN )
Metropolitan Magistrate-03 (MAHILA COURT) South-East, Saket Courts, New Delhi 07.09.2015 FIR No. 200/14, PS: Lajpat Nagar State Vs Tanveer Pages No. 3 of 3