Delhi District Court
State vs Sadab Ahmad on 26 June, 2014
1
IN THE COURT OF MR. PRITAM SINGH, ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE/ SOUTH EAST DISTRICT/ SAKET
COURT COMPLEX, NEW DELHI.
Unique Identification no. 02403R0393182004
Case no. RBT337/I dated 10.04.2013
FIR No. 244/01
PS : New Friends Colony
State Vs Sadab Ahmad
JUDGEMENT
S. No. of Case : RBT337/I dated 10.04.2013
Date of Commission : 27.03.2001
of offence
Name of Complainant : Sh.Giri Raj Singh
Name and address : Sadab Ahmad
of accused S/o Sh.Khurshid Ahmad,
R/o H.No.L8, Gaffar Manzil ExtensionII,
Jamia Nagar, Okhla, New Delhi25.
Offence Complained : U/s 323/341/34 IPC
Plea of accused : Not guilty
Arguments heard : 25.06.2014
Date of judgment : 26.06.2014
Final order : Acquitted
1. In brief, the case of prosecution is that on 27.03.2001 at about 1.15 p.m. near canteen Jamia University, New Delhi, the accused in furtherance of his FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 1 of 8 2 common intention with three unknown persons wrongfully restrained the complainant Sh.Giri Raj Singh and also voluntarily caused simple injuries on his person by giving him beatings.
2. Chargesheet was filed in the court for offences u/s 323/341/34 IPC and the accused was supplied complete set of documents. Thereafter, vide order dated 01.12.2006, charge for the offence punishable u/s 323/341/34 IPC was framed against the accused, to which, he pleaded not guilty and claimed trial.
3. In order to prove the charge against the accused, the prosecution has examined six witnesses. Sh.Giri Raj Singh, who is the complainant, was examined as PW1, Sh.Mahender Verma, record clerk, Holy Family Hospital, New Delhi was examined as PW2, retired ASI Jai Karan Sharma, who was the Duty Officer, was examined as PW3, Ct. Dinkar, in whose presence the accused was apprehended and arrested by the IO, was examined as PW4, ASI Rajbir Singh, who is the IO, was examined as PW5, SI Jalish Ahmad, who was the first IO, was examined as PW6. The following documents were exhibited and marked in the prosecution evidence :
(i) Statement of the complainant Ex.PW1/A
(ii) MLC of the complainant Ex.PW2/A
(iii) Copy of the FIR Ex.PW3/A
(iv) Endorsement on the Rukka Ex.PW3/B
(v) Arrest memo of accused Ex.PW5/A
(vi) Personal search memo of accused Ex.PW5/B
(vii) Rukka Ex.PW6/A FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 2 of 8 3
4. The statements of accused persons u/s 313 Cr.P.C. were recorded on 02.04.2014 wherein he denied the deposition of witnesses against him being false and interested witnesses. Accused did not lead any defence evidence.
5. Arguments heard. Record perused and considered carefully.
6. PW1, Giri Raj Singh deposed that on 27.3.2001 at about 1.30 p.m., in the Fine Art Campus, Jamia, he was going from there to the canteen. He was called by the accused. Accused asked his name. Accused took him towards toilet side where there were bushes and two other persons were also standing there and the accused stated "ye hi Giri Raj hai". On this they all started beating him and when he shouted various persons on hearing his voice reached there but in the meantime the accused and his accomplish ran away by jumping the wall. PW1 further deposed that he received major injury on his left eye and he was not able to see. The students gathered there took him Holy Child Hospital. There was swelling in his eyes. On his discharge after firstaid, he was taken to the campus back and on knowing about all this, his HOD Latika Kat asked him to lodge FIR. From there they went to police station Jamia. His FIR was lodged and MLC was prepared from the same hospital. PW1 further deposed that after some days when he was sitting in McDonald with his friends, he saw accused there and called at 100 number and told his location to them. On this police officials from P.S. NFC came there. On seeing him and police together he (accused) fled away from there. His statement was recorded in the police station, which was Ex.PW1/A and bore his signature at point 'A'. After about one and half month of incident, he and FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 3 of 8 4 accused were called in the office of Vice Chancellor of Jamia University and they had enquired about the matter and accused was rusticated from the college and one of the accomplish was also rusticated namely Mohd. Gajali. PW1 deposed in his crossexamination that perhaps he told the fact that he was taken to the toilet forcefully by the accused persons to the police officials. He also told to the police officials in his statement that accused told to his firends "ye hi Giri Raj hai". He did not tell to police officials that he received injuries on his face near eyes. He also did not tell to police officials that his medical examination was conducted at Holy Child Hospital. He told to the police officials in his statement that after hearing of his voice some students came to the spot. He told the incident to the doctor of Holy Child Hospital who write down the same on MLC. He did not tell to the police officials that after getting first aid he went to the office of HOD where he was instructed to lodge a complaint. He did not remember the exact date when he lodged a complaint. He could not say whether he informed the police regarding the incident after one week or not. He had not given the description of any accused to the police at the time of recording of his first statement. He denied the suggestion that he had not called at 100 number. PW1 further deposed that he did not mention in his complaint that he was bringing the accused to the police station when he fled. They were three friends namely Manoj, Punia was present at McDonald on 4.5.2001. He denied the suggestion that he never went to Holy Child Hospital for any kind of treatment. He voluntarily deposed that he could produce the MLC which he had given to his HOD. Thereafter, PW1 produced FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 4 of 8 5 photocopy of the prescription of Holy Family Hospital and the MLC No.11167 dated 27.3.2001 of Holy Family Hospital, which are MarkA and B respectively. The copy of prescription was received by him on 27.3.2001 from Holy Family Hospital, when his friend deposited the entire bill of Holy Family Hospital. On 18.4.2001, he went to police station for the very first time as he was asked by the department to lodge the police complaint. After that he went to the police station once, when he identified the accused Shadab. He denied the suggestion that on 4.5.2011 he had a quarrel with the accused Shadab regarding the parking at the community center, NFC and he had falsely implicated the accused in his earlier complaint of the faculty of fine art incident. PW1 also deposed that police had not recorded the statements of his friends Manoj and Punia. He could not remember if he had provided to the police officials the photocopy of the documents MarkA and B which he had produced in the court.
7. PW1 Giri Raj Singh, who is complainant/injured, was alone at the time of the incident in question. Therefore, he is the only material witness on whose testimony the case of the prosecution depends. However, I have found several contradictions in the deposition of PW1, which raise doubts in the story of prosecution case. PW1 deposed that on 27.3.2001 at about 1.30 p.m., he was going from Fine Art campus, Jamia to the canteen, there he was called by the accused who took him towards the toilet where two other persons were standing. The accused told "ye hi Giri Raj hai". On this, they all started beating him. On hearing his voice, some persons reached there but the accused and his accomplish FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 5 of 8 6 ran away by jumping the wall. The complainant was taken to Holy Child Hospital by other students. He was discharged after firstaid. PW1 further deposed that he was taken to campus and on knowing about all this, the HOD Latika Kat asked him to lodge FIR and from there, he went to police station Jamia and case was registered and his MLC was prepared from the same hospital. As per record, the case was registered on 4.5.2001 i.e. more than one month after the incident which took place on 27.3.2001. The question arises, if the complainant was beaten by the accused and his accomplish, then, why did he not lodge a complaint to the police on the same day or on the next day. The prosecution failed to explain the delay in lodging the FIR, particularly when the complainant is an educated person.
8. PW1 further deposed that after some days when he was sitting in the McDonald with his friends, he saw accused there and he called 100 number. The police officials from P.S. New Friends Colony came there, but the accused seeing him and accused fled away from there. However, none of the police personnels deposed that they received any call from the complainant that accused was present in the McDonald and he fled away from there after seeing the police. It further raises doubt in the story of prosecution. PW1 deposed in his crossexamination that he might told to the police that he was taken forcefully to the toilet by the accused, but when he was confronted with his statement Ex.PW1/A, no such fact was mentioned there. PW1 was further confronted with his statement where it was not so recorded that accused told to his friends "ye hi Giri Raj hai". PW1 further deposed that he did not tell to the police that his medical examination was FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 6 of 8 7 conducted at Holy Child Hospital. It is important to mention here that the complainant did not know the name and address of the accused and he did not even told the description of the accused to the police in his complaint Ex.PW1/A and the accused was also not arrested in the presence of the complainant, then, how the accused Sadab Ahmad was apprehended by the police and on what basis. PW4 Ct. Dinkar and PW5 ASI Rajbir both deposed that the complainant was not present when accused was apprehended. PW1 further deposed in his cross examination that on 18.4.2001, he went to the police station for the first time as he was asked by the department to lodge a police complaint, whereas, the complaint made to the police is dated 4.5.2001 and not 18.4.2001 as told by PW1. PW1 deposed that on 04.05.2001, he alongwith his friend Manoj and Punia was present in McDonal. PW1 made the complaint to police on 4.5.2001, but he did not disclose that when accused fled from McDonald, he gave complaint to police and case was registered. Whereas PW1 deposed that he made complaint to police on asking by HOD of his department in Jamia University on the next day of incident. This testimony of PW1 is self contradictory and made his deposition unreliable. PW4 and PW5 deposed that he had not mentioned in any document the place of arrest was Gaffar Manzil partII. PW5 further deposed that Ct. Dinkar had singed the arrest memo of the accused, whereas arrest memo Ex.PW5/A does bear the signature of Ct. Dinkar.
9. In view of the above discussions, I am of the considered view that the prosecution has failed to prove its case against the accused beyond reasonable FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 7 of 8 8 doubts. It is well settled law that the benefit of doubt always goes in favour of accused. Hence, accused Sadab Ahmad S/o Sh.Khurshid Ahmad is acquitted from charges of offences u/s 341/323/34 IPC.
Announced in Open Court (PRITAM SINGH )
Dated: 26.06.2014 Additional Chief Metropolitan Magistrate
South East District/Saket Court Complex,
New Delhi/26.06.2014
FIR No. 244/01, P.S. NFC State Vs Sadab Ahmad 8 of 8