Delhi District Court
State vs Amir Khan on 11 May, 2026
IN THE COURT OF MS. ANUSHTHA SRIVASTAVA,
JUDICIAL MAGISTRATE FIRST CLASS-05,
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI
CR Case No. -: 2759/2017
CNR No. -: DLSH02-006083-2017
FIR No. -: 400/2016
Police Station -: Jafrabad
Section(s) -: 224 IPC
In the matter of:
STATE
(Represented by Sh. Bhuvnesh Sharma,
Ld. APP for the State)
VERSUS
Amir Khan
S/o Sh. Naushi Ali
R/o H. No. E-3/363, Nandnagri
Delhi ...... Accused
1. Name of Complainant : HC Virender
Amir Khan
S/o Sh. Naushi Ali
2. Name of Accused :
R/o H. no. E-3/363,
Nandnagri, Delhi
3. Offence complained of or proved : U/s 224 IPC 4. Plea of Accused : Pleaded not guilty 5. Date of commission of offence : 12.10.2016 6. Date of filing of case : 29.07.2017 7. Date of reserving Order : 03.12.2025 8. Date of pronouncement : 11.05.2026 9. Final Order : Conviction FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 1/13
BRIEF STATEMENT OF REASONS FOR THE DECISION:
FACTUAL MATRIX -
1. Briefly stated, the case of the prosecution is that on 12.10.2016 at about 02:45 AM near PS Jafrabad, Delhi while the accused was in custody after lawful apprehension in case FIR no. 399/2016, PS Jafrabad and after getting conducting his MLC at JPC Hospital, the accused escaped from the lawful custody of Ct. Rajeev and HC Virender. On the complaint of HC Virender, FIR was registered under Section 224 IPC of the Indian Penal Code, 1860 (hereinafter, "IPC").
2. INVESTIGATION AND APPEARANCE OF ACCUSED-
After registration of the FIR, the Investigating Officer (hereinafter, "IO") undertook investigation and on culmination of the investigation, the Police Report under Section 173 Cr.P.C., against the accused was filed.
3. Vide order dated 08.12.2017, Ld. Predecessor of this Court took cognizance of the offence and on issued summons to accused person.
4. The accused appeared before the court on 24.09.2018 and copy of charge-sheet alongwith documents annexed therewith were supplied to him as per section 207 Cr.P.C.
5. On 25.07.2022, on finding a prima facie case against accused Amir Khan, S/o Naushi Ali, charge under Section 224 IPC was framed against him by Ld. Predecessor of this Court, to which he pleaded not guilty and claimed trial. It is pertinent to state here that the accused, admitted copy of FIR No. 400/2016 and DD no. 2A dated FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 2/13 12.10.2016, which were exhibited as Ex. P1 and Ex.P2 respectively. Accordingly, witnesses at serial no. 4 was dropped as admitted from the list of witnesses.
6. PROSECUTION'S EVIDENCE:
In order to substantiate its case, the prosecution has examined four witnesses i.e. SI Virender Singh as PW1, ASI Rajeev as PW-2, Inspector Manoj as PW-3 and HC Gaje Singh as PW-4.
6.1 PW-1, SI Virender Singh. No. 7127/Security KKD Court deposed that on the intervening night of 11 and 12 of oct. 2016 he was posted at PS Jafrabad as HC and was on emergency duty on 08:00 pm to 08:00 am. PW-1 was on duty when HC Chhattarpal who had received one PCR call at around 02:00 am had brought one accused namely Amir to the PS in FIR no. 399/2016. HC Chattarpal had handed over the accused to him and Ct. Rajeev and they both went on a private motorcycle to JPC hospital for the medical of Amir. They took him in hand cuffs. At the hospital MLC no. 4245 was prepared from where he after medical examination ran away while they were bringing the accused back to PS on motorcycle at around 02:45 AM. When they had reached near PS Jafrabad Ct. Rajeev had stopped the motrocycle and PW- 1 got down the motorcycle along with accused Amir who was in handcuffs. Amir got his hand out of the handcuff and as soon as he got down of the motorycle he turned around and ran away.
PW-1 and Ct. Rajeev tried to run and chase the accused. The accused managed to run away and could not be caught as he entered the streets of Jafrabad we searched him for long but he could not be found. They returned to PS and statement i.e. Ex.
FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 3/13PW1/A of PW-1 was recorded by SI Rakesh. They went to the house of accused and informed his father about Amir running away from the custody. The father of accused told them that accused Amir can be caught at Anand Vihar Bus Stand. PW-1 alongwith SI Manoj and father of Amir reached Anand Vihar bus Stand where accused was arrested vide arrest memo Ex. PW 1/B and personally searched vide memo Ex. PWI/C. IO had prepared pointng out memo i.e. Ex PW1/D and also the disclosure of accused i.e. Ex. PW 1/E. He was duly cross-examined by the Ld. Counsel of accused. He denied all the suggestions made to him.
6.2 PW-2, ASI Rajeev, No. 7276/Supreme court Security deposed that on the intervening night of 11 and 12 of oct. 2016, PW-2 was posted at PS Jafrabad as Ct., and was on emergency duty on 08:00 pm to 08:00 am. PW-2 was on duty when HC Chhattarpal who had received one PCR call at around 02:00 am had brought one accused namely Amir to the PS in FIR no. 399/2016. HC Chartarpal had handed over the accused to him and HC Virender and they both went on a private motorcycle to JPC hospital for the medical of Amir. They took him in hand cuffs. At the hospital MLC no. 4245 was prepared. After his medical examination, he ran away while they were bringing the accused back to PS on motorcycle at around 02:45 AM. When theyt had reached near PS Jafrabad, PW-2 had stopped the motorcycle and he got down the motorcycle along with accused Amir who was in handcuffs. Amir got his hand out of the handcuff and as soon as he got down of the motorycle he turned around and ran away. PW-2 and HC Virender tried to run and chase the accused. The accused managed to run away and could not be caught as he entered the streets of Jafrabad they searched him for long but he could not be FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 4/13 found. They returned to PS and HC Virender got his statement recorded by SI Rakesh. Statement of PW-2 was recorded by SI Rakesh. He was duly cross-examined by the Ld. Counsel of accused. He denied all the suggestions made to him.
6.3 PW-3, Insp. Manoj, D-4328, PS Roop Nagar, Delhi deposed that on 12.10.2016, PW-3 was posted at PS Jafrabad as Ct. and was present at PS. At around 04:30 AM, he was handed over one copy of FIR and original Tehrir by DO ASI Praveen Kumar, u/s 224 IPC. Thereafter PW-3 alongwith HC Virender left the PS in search of the accused person and they reached the house of the accused person. At the house they met the father of the accused namely Naushe Khan and was briefed about the incident and the facts of the present case. They searched for the accused with the help of secret informer but no trace of the accused could be found. In the morning at around 07:30-08:00 AM, Naushe Khan informed them that accused Amir had run towards Noida and today he was bringing him back. He told that he will be reaching near Anand Vihar bus stand and PW-3 along with HC Virender left for Anand Vihar Bus stand. At the bus stand on the identification and instance of Naushe Khan accused Amir was arrested from Anand Vihar bus stand at around 10:30 AM. The arrest memo i.e. Ex. PW1/B. The accused was personally searched vide memo i.e. Ex. PW1/C. The accused was interrogated and on his pointing out they went to the spot of incident. His disclosure was recorded which was exhibited Ex. PW1/E and a pointing out memo was also prepared vide memo Ex. PW1/D. PW-3 returned to the PS and he briefed the facts of the incident and proceedings to SHO PS Jafrabad and recorded the statement of relevant witnesses. PW-3 completed the FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 5/13 investigation and prepared the charge-sheet and submitted the same before the court. He was duly cross-examined by the Ld. Counsel of accused. He denied all the suggestions made to him.
6.4 PW-4, HC Gaje Singh deposed that on 12.10.2016, he was posted at PS Jafrabad and was in Santri Duty from 12:00 Midnight to 04:00 AM. At around 02:00 AM accused Amir who was arrested in case FIR no. 399/2016 at PS Jafrabad and was arrested by SI Rakesh, was brough by HC Virender and Ct. Rajiv and in handcuffs and was taken for medical examination by them. At around 02:45 AM HC Virender and Ct. Rajiv had returned after the medical of accused Amir Khan but he had ran away while getting down from the motorcycle towards 66 feet road, Seelampur. PW-4 also got alert and ran towards the accused but he could not be found. ASI Praveen Kumar who was the DO also had come to whom we informed about the incident. Later my statement was recorded by SI Manoj Kumar. He was duly cross- examined by the Ld. Counsel of accused. He denied all the suggestions made to him.
7. After completion of the prosecution evidence, PE stands closed on 25.07.2025. Thereafter, statement of accused person u/s 313 Cr.P.C was recorded on 03.09.2025, wherein the accused person denied the incriminating evidence that was put to him. He further stated that he was falsely implicated by the complainant in the present case and does not wish to lead defence evidence. Thereafter, matter was fixed for final arguments.
8. Final arguments were advanced by Ld. APP for the State and by Ld. Counsel for accused. It has been argued by Ld. Addl. PP for State FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 6/13 that all the witnesses have fully supported the prosecution case. It is further argued that prosecution has proved its case beyond reasonable doubt on the basis of oral testimonies of the witnesses as well as by way of documentary evidence on record. Per contra, Ld. Counsel for accused persons has ]that prosecution has miserably failed to prove its case as there is nothing on record to show that the accused escaped from custody. There are no public witnesses to substantiate the commission of the offence, and the prosecution has failed to prove the case beyond reasonable doubt.
9. As already mentioned, the accused person namely Amir Khan s/o Naushi Ali has been facing trial for the commission of offenses punishable u/s 224 IPC. Section 224 IPC which relates to escape from any custody in which he is lawfully detained for any offence. In the present case the accused was in custody for FIR no. 399/2016.
10. It is a settled proposition of law that prosecution is supposed to prove its case beyond reasonable doubt by leading reliable, cogent and convincing evidence. It is also well settled that in order to prove its case, prosecution is supposed to stand on its own legs and it cannot derive any benefit whatsoever from the weaknesses, if any, in the defence of the accused. The burden of proof of the version of the prosecution in a criminal trial throughout the trial is on the prosecution and it never shifts to the accused. The accused is entitled to the benefit of every reasonable doubt in the prosecution story and such doubt entitles the accused to acquittal.
FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 7/1311. I have heard arguments at length. I have also given my conscious thought and prolonged consideration to the material on record, relevant provisions of law and the precedents on the point. In the present matter, the gravamen of the allegation is that on 12.10.2016 at about 02:45 am near PS Jafarabad about 06:30, while being in lawful custody in connection with FIR No. 399/2016 PS Jafrabad, the accused escaped from such custody by pushingt. The burden lies upon the prosecution to establish its case beyond reasonable doubt.
12. Section 224 IPC provides punishment for resistance or obstruction by a person to his lawful apprehension, or for escape or attempt to escape from lawful custody. To bring home guilt under Section 224 IPC, the prosecution must establish:
1. That the accused was in lawful custody.
2. That such custody was in connection with a lawful apprehension.
3. That the accused voluntarily escaped or attempted to escape from such custody.
13. The expression "lawful custody" implies detention under authority of law. It is not necessary that such custody must be pursuant to a judicial remand; even police custody pursuant to a lawful arrest satisfies the requirement. The term "escape" connotes voluntary evasion or departure from such custody without lawful authority.
14. The prosecution has examined PW-1 SI Virender Singh, PW-2 ASI Rajeev and PW-3, Insp. Manoj, PW-4, HC Gaje Singh, who have FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 8/13 consistently deposed that the accused had been apprehended in connection with FIR No. 399/2016 PS Jafrabad, and was taken in handcuff for his medicial at the hospital where he after his examination was conducted ran away.
15. The defence has not disputed the factum of custody. No suggestion was put that the custody itself was illegal or unauthorized. There is no material on record to indicate that the detention of the accused was in contravention of law. In view of the unrebutted testimonies of prosecution witnesses and documentary record, this Court is satisfied that the accused was in lawful police custody on the intervening night of 12.10.2016.
16. PW-1 SI Virender Singh has deposed that on the intervening night of 11 and 12 of oct. 2016 HC Chattarpal had brought one accused namely Amir to the PS in FIR no. 399/2016. HC Chattarpal had handed over the accused to him and Ct. Rajeev and they both went on a private motorcycle to JPC hospital for the medical of Amir. They took him in hand cuffs. At the hospital MLC no. 4245 was prepared from where he after medical examination ran away while they were bringing the accused back to PS on motorcycle at around 02:45 AM. When they had reached near PS Jafrabad Ct. Rajeev had stopped the motrocycle and PW-1 got down the motorcycle along with accused Amir who was in handcuffs. Amir got his hand out of the handcuff and as soon as he got down of the motorycle he turned around and ran away. PW-1 and Ct. Rajeev tried to run and chase the accused. The accused managed to run away and could not be caught as he entered the streets of Jafrabad we searched him for long but he could FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 9/13 not be found. They returned to PS and statement i.e. Ex. PW1/A of PW-1 was recorded by SI Rakesh. They went to the house of accused and informed his father about Amir running away from the custody. The father of accused told them that accused Amir can be caught at Anand Vihar Bus Stand. PW-1 alongwith SI Manoj and father of Amir reached Anand Vihar bus Stand where accused was arrested. The same has been deposed by PW-2 ASI Rajeev.
17. PW-3 Insp. Manoj deposed that on 12.10.2016, he alongwith HC Virender left the PS in search of the accused person and they reached the house of the accused person. At the house they met the father of the accused namely Naushi Khan and was briefed about the incident and the facts of the present case. They searched for the accused with the help of secret informer but no trace of the accused could be found. In the morning at around 07:30-08:00 AM, Naushe Khan informed them that accused Amir had run towards Noida and today he was bringing him back. He told that he will be reaching near Anand Vihar bus stand and PW-3 along with HC Virender left for Anand Vihar Bus stand. At the bus stand on the identification and instance of Naushe Khan accused Amir was arrested from Anand Vihar bus stand at around 10:30 AM.
18. PW-4, HC Gaje Singh deposed that on 12.10.2016, he deposed that accused Amir was arrested in case FIR no. 399/2016 at PS Jafrabad and was arrested by SI Rakesh, was brough by HC Virender and Ct. Rajiv and in handcuffs and was taken for medical examination by them. At around 02:45 AM HC Virender and Ct. Rajiv had returned after the medical of accused Amir Khan but he had ran away while FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 10/13 getting down from the motorcycle towards 66 feet road, Seelampur. PW-4 also got alert and ran towards the accused but he could not be found. ASI Praveen Kumar who was the DO also had come to whom we informed about the incident. Later my statement was recorded by SI Manoj Kumar.
19. The testimony of PW-1 and 2 are direct evidence of the act of escape.
His presence at the spot is natural and admitted. Nothing material has been elicited in cross-examination to discredit his core version. The minor inconsistencies regarding exact timings or non- mention of certain facts in Section 161 Cr.P.C. statement do not go to the root of the prosecution case.
20. It is well settled that omissions which are not material contradictions do not render testimony unreliable. Human memory is fallible with respect to peripheral details, especially when witnesses depose after considerable lapse of time.
21. Further, no motive has been suggested as to why police officials would falsely implicate the accused in an offence under Section 224 IPC. False implication in such circumstances would expose officials themselves to departmental consequences, which renders such suggestion inherently improbable. The act attributed to the accused is not accidental or involuntary. The prosecution evidence establishes that the accused intentionally ran away from the custody when he got opputunity. Such conduct clearly manifests to evade custody. Moreover, Section 224 IPC does not require elaborate preparation;
FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 11/13even sudden flight from custody constitutes escape if it is voluntary. The fact that the accused remained absconding until the next day further fortifies the inference of intentional escape.
22. PW-3 Insp. Manoj and PW-4 HC Gaje Singh have deposed regarding re-arrest of the accused on 13.10.2026. Arrest memo and personal search memo have been proved. The fact that the accused had to be re-apprehended supports the prosecution version that he had indeed absconded from lawful custody. The defence has attempted to point out certain procedural lapses such as non-joining of public witnesses and non-preparation of site plan at the place of re-arrest. Even if assumed, such lapses do not demolish the prosecution case relating to the core incident of escape.
23. It is a settled principle that defects in investigation cannot enure to the benefit of the accused unless prejudice is shown. No such prejudice has been demonstrated. The testimonies of PW-1 to PW-4 are consistent, cogent and inspire confidence. Their cross- examination does not reveal any material contradiction affecting the substratum of the prosecution case. Merely because the witnesses are police officials does not render their testimony unreliable. In absence of animus, their evidence cannot be discarded solely on the ground of official status.
24. From the cumulative appreciation of oral and documentary evidence, this Court finds:
(i) The accused was in lawful police custody.FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 12/13
(ii) He voluntarily pushed the escorting officer and fled from custody.
(iii) The prosecution has proved the essential ingredients of Section 224 IPC beyond reasonable doubt.
DECISION
25. Keeping in view the facts and circumstances of the case, this Court is of the opinion that the prosecution has been able to prove its case beyond reasonable doubt and hence, accused persons Amir Khan s/o Naushi Ali is hereby convicted for offences punishable under section 224 IPC.
26. Copy of the judgment be provided free of the cost to the convict.
ANNOUNCED IN OPEN COURT TODAY i.e. 11.05.2026 Digitally signed by Anushtha Anushtha Srivastava Srivastava Date:
2026.05.11 17:10:49 +0530 (Anushtha Srivastava) JMFC-05/SHD, Karkardooma Courts/Delhi/11.05.2026
27. Present judgment consists of 13 pages and each page bears my initials. Digitally signed by Anushtha Anushtha Srivastava Srivastava Date:
2026.05.11 17:11:13 +0530 (Anushtha Srivastava) JMFC-05/SHD, Karkardooma Courts/Delhi/11.05.2026 FIR no. 400/2016 State Vs. Amir Khan PS Jafrabad Page No. 13/13