Delhi District Court
State vs . : (1) Dara Singh @ Dhare on 7 January, 2019
IN THE COURT OF SHRI GURVINDER PAL SINGH
ADDL. SESSIONS JUDGE05, SOUTH WEST DISTRICT
DWARKA COURTS, NEW DELHI
Sessions Case
CNR No. DLSW010165202017
Registration no. 733/2017
State Vs. : (1) Dara Singh @ Dhare
S/o Sh. Pappu,
R/o Village Deenpur, Najafgarh,
New Delhi.
(2) Vikash @ Dudhia
S/o Sh. Sukhbir Singh,
R/o Plot No. 107/2, BBlock,
Roshan Vihar, Phase 2nd ,
Najafgarh, New Delhi.
(3) Rohit
S/o Sh. Balwan Singh,
R/o Plot no. 9B, Bhawani Nagar,
Deendarpur, Najafgarh,
New Delhi.
FIR No. : 461/2016
P.S. : Chhawla
U/s : 365/364A/506/34, 386/511 IPC &
27 Arms Act
Date of Institution : 07.11.2017
Date when arguments
were heard : 07.01.2019
CNR No. DLSW010165202017 Registration no. 733/2017 State Vs Dara Singh @ Dhare & Others Page 1 of 7
Date of Judgment : 07.01.2019
JUDGMENT
1. Adumbrated in brief the case of prosecution is that on 23.12.2016 in between 11 AM to 12 noon near street of Durga Painter, Shyam Vihar, Deenpur, Najafgarh, New Delhi accused Dara Singh @ Dhare and Rohit in furtherance of their common intention abducted Nitesh Verma in white colour Dzire Car with intent to cause him to be secretly and wrongfully confined; and on 25.12.2016 at about 11:00 A.M. at Shyam Vihar, Deenpur, Najafgarh, accused Dara Singh @ Dhare, Vikas @ Dudhia and Rohit in furtherance of their common intention abducted Nitesh Verma for ransom, in Wagon R Car and demanded Rs.50 lacs and later demanded Rs. One crore, gave beatings to Nitish Verma and threatened to cause his death or hurt by use of pistol; criminally intimidated Nitesh Verma to cause death or grievous hurt to his person with intent to cause alarm to him. Also allegedly accused Dara Singh @ Dhare on 25.12.2016 at RZU68A, U Block, New CNR No. DLSW010165202017 Registration no. 733/2017 State Vs Dara Singh @ Dhare & Others Page 2 of 7 Roshanpura, Near Avni Motor, Najafgarh, Delhi used pistol and attempted to extort Rs.50 lacs from Ajay Soni and Atma Ram Soni by intentionally putting them in fear of death by use of pistol.
2. On completion of investigation, charge sheet for offences under Sections 365/364A/386/506/34 IPC and 27 Arms Act was filed. Chargesheet finds mention of the fact of death of accused Jassu due to murder in Jhajjar, Haryana and said accused Jassu is reportedly expired.
3. After completion of requirements of Section 207 Cr.P.C., matter was committed to the court of Sessions.
CHARGE
4. Charge for offences under section 365 read with section 34 IPC was framed against accused Dara Singh @ Dhare and Rohit; charges for the offences under sections 364A/506/34 IPC were framed against accused Dara Singh @ Dhare, Vikas @ Dudhia and Rohit and charges for the offences under sections 27 Arms Act and 386 read with section 511 IPC were framed against accused Dara Singh @ Dhare to which all accused had pleaded not guilty and CNR No. DLSW010165202017 Registration no. 733/2017 State Vs Dara Singh @ Dhare & Others Page 3 of 7 claimed trial.
WITNESSES
5. To connect the accused with the offences charged, prosecution has examined 4 witnesses.
6. PW1 Nitesh Verma, complainant/victim resiled from his previous statement, did not support the case of prosecution in any manner whatsoever despite lengthy cross examination of Ld. Addl. P.P. for State. PW 1 stated that on 25.12.2016 in between 12 noon to 1.00 P.M. at the place known as Bangali Painter some boys were in a Santro or i10 Car who started hooting him when he was on his Scooty and asked him to stop the Scooty due to which he became worried as he was having gold articles with him so he went to P.S. Chhawla and narrated what happened to him. PW1 denied of being abducted by any arraigned accused on 23.12.2016 or 25.12.2016 or any act of extortion or attempt to extortion or criminal intimidation committed by any accused or accused Dara Singh having used any pistol.
7. PW2 Atma Ram Soni, PW3 Ajay Soni and PW4 Radha CNR No. DLSW010165202017 Registration no. 733/2017 State Vs Dara Singh @ Dhare & Others Page 4 of 7 Verma also resiled and did not support the case of prosecution in any manner whatsoever despite lengthy cross examination of Ld. Addl. P.P. for State. PWs 2, 3 and 4 denied of PW1 being abducted for ransom by any arraigned accused on 23.12.2016 or 25.12.2016 nor deposed of any act of extortion or attempt to extortion or demand of ransom or criminal intimidation committed by any accused nor deposed of accused Dara Singh having used any pistol.
8. In the backdrop of resiling of the cited material witnesses PW1, PW2, PW3 and PW4 on record, deposition of other prosecution witnesses including police officials as well as of Investigation Officer shall be an exercise in futility for trial of accused as no fact incriminating accused for offences charged has been deposed by these material witnesses. After hearing the Ld. Prosecutor and the accused and their counsel, I am of the opinion that no fruitful purpose shall be served for adjourning the matter for further prosecution evidence. Accordingly, prosecution evidence is closed.
9. I have heard the submissions of Ld. Prosecutor and the CNR No. DLSW010165202017 Registration no. 733/2017 State Vs Dara Singh @ Dhare & Others Page 5 of 7 accused and their counsel and have perused the record.
10. For want of incriminating material pointing towards guilt of the accused for offences charged, examination of accused persons under section 313 Cr.P.C. was accordingly dispensed with.
11. After hearing the Ld. Prosecutor, accused Dara Singh @ Dhare, Vikas @ Dudhia and Rohit and their counsel in attendance, perusal from the material on record, I have reached the conclusion that the edifice raised by prosecution has crumbled to ground due to afore elicited resiling of cited and examined material witnesses, since on record of this matter, there is no iota of admissible evidence of accused having either abducted PW1 for ransom on 23.12.2016 or 25.12.2016 or having committed any act of extortion or attempt to extortion or demanded ransom or committed act of criminal intimidation or accused Dara Singh having used any pistol. For want of evidence, arraigned accused Dara Singh @ Dhare, Vikas @ Dudhia and Rohit are held not guilty as prosecution has not been able to prove its case against the accused persons beyond reasonable doubt. Accused Dara Singh @ Dhare, Vikas @ Dudhia and Rohit CNR No. DLSW010165202017 Registration no. 733/2017 State Vs Dara Singh @ Dhare & Others Page 6 of 7 are acquitted. Bail bonds of accused Vikas @ Dudhia and Rohit furnished during trial are cancelled and their sureties stand discharged. Superintendent Jail concerned be directed that accused Dara Singh @ Dhare be released forthwith, if not, required in any other case. All accused Dara Singh @ Dhare, Vikas @ Dudhia and Rohit are directed to furnish a personal bond in sum of Rs.10,000/ with one surety in like amount, under section 437 A Cr.P.C for period of 6 months with undertaking to appear before Appellate Court or this Court, if so called for.
12. File be consigned to record room after digitization of Digitally signed records. GURVINDER by GURVINDER PAL SINGH PAL SINGH Date: 2019.01.07 12:24:31 +0530 Announced in the open court (GURVINDER PAL SINGH) on 07th January, 2019 ASJ 05/SW/DWARKA COURTS NEW DELHI (pb) CNR No. DLSW010165202017 Registration no. 733/2017 State Vs Dara Singh @ Dhare & Others Page 7 of 7