Delhi District Court
State vs . Sarvesh 2 Machaloo - Sc No. 37 Of 2014 1/3 on 9 November, 2015
IN THE COURT OF SH. LOKESH KUMAR SHARMA
ADDITIONAL SESSIONS JUDGE04 & SPECIAL JUDGE (NDPS) ACT
SOUTH EAST DISTRICT: SAKET COURTS: DELHI
Sessions Case No. 37/2014
ID No. 02406R0291142014
FIR No. 673/2014
U/s. 307 IPC
PS : Govindpuri
State
Vs.
Sarvesh @ Machaloo
S/o Tej Singh
R/o village Maharajpur
PS: Jasrathpur, Etah (UP) ..........Accused
Instituted on : 03.11.2014
Decided on : 09.11.2015
J U D G M E N T
1 Accused Sarvesh @ Machaloo has been sent up to face trial for the offence under section 307/365/328 IPC by the SHO, Police Station Govindpuri alleging inter alia that on 21.6.2014 at around 7.30 AM near C Lal Chowk, Bus Stand, Govindpuri, within the local jurisdiction of PS Govindpuri, accused had offer a cup of tea to complainant Smt. Mohini @ Sandha, after commission of which she became unconscious and regained her consciousness at around 3 or 4 AM, when one Baldev had met her to whom she had told that accused Sarvesh had attempted to strangulate her neck. Said Baldev further informed her that her husband Tejvir Singh and one Bachhu had also given him money to commit her murder. 2 ASI Om Prakash of PS IP Estate, handed over statement of victim Ms. Mohini alongwith her MLC No. 20162/14 JPN Hospital, to IO/SI Manjeet Singh of PS Govindpuri, who was on emergency duty on the intervening night of State Vs. Sarvesh 2 Machaloo - SC No. 37 of 2014 1/3 2425/6/2014. The MLC disclosed the alleged history of physical assault with sign (1) Subcongrinctiral hemorrhage on both eyes (2) ligature mark from medial and neck extending till Rt. Lat. Side of neck measuring 7x3 cm, hence, the IO prepared a "tehrir" and got the present case registered at PS Govindpuri against the accused for the offence under sections 307/365/328 IPC. Accused was arrested and after completion of investigation, challan for the aforesaid offences was filed before the Court of the concerned MM on 01.10.2014.
3 Ld. Magistrate after compliance of the provisions of Section 207 Cr.PC had committed the case to the Sessions Court vide his order dated 20.10.2014. 4 Vide order dated 06.01.2015, Ld. Predecessor of this Court had framed the charge for the offence punishable only under section 307 IPC against the accused to which he had pleaded not guilty and had claimed trial. 5 Thereafter, prosecution was directed to lead its evidence on 21.4.2014 and 23.4.2014 .However, no witness was produced by the prosecution on 21.4.2015 and 23.4.2015 as well. Thereafter matter was listed for appearance of complainant on 9.7.2015 but again complainant was not present, so she was directed to be served through the IO for 11.8.2015 and thereafter for 14.9.2015. Since the IO of the case failed to produce the complainant in the witness box, hence, the complainant was ordered to be summoned through DCP/SED vide order dated 19.4.2015, for 30.10.2015.
6 On 30.10.2015, the accused was not produced due to law and order problem, when the matter was fixed for recording prosecution evidence. However, IO/SI Manjeet Singh was present. Complainant/victim Ms. Mohini, as per the State Vs. Sarvesh 2 Machaloo - SC No. 37 of 2014 2/3 report received from DCP/SED, New Delhi, was not traceable. IO had also submitted that despite all possible efforts, he could not trace out the complainant. 7 Ms. Mohini is the only victim as well as the star witness of the prosecution and in the absence of her statement, prosecution cannot prove its case against the accused beyond shadow of reasonable doubt, as the remaining witnesses are admittedly official and formal witnesses, being the police officials and doctors who had prepared the MLC of the victim/complainant, hence, no useful purpose would have been served by examining them. Accordingly, the prayer of the Ld. Addl. PP for the State to summon those official/formal witnesses has been declined and the PE has been closed today by the court order. 8 Since the prosecution has not examined even a single witness in this case, hence, there is no need to record statement of the accused under section 313 CrPC and the same has been dispensed with as it being a case of no evidence. Accordingly, the accused is acquitted of the allegations under section 307 IPC. He is now directed to furnish his bail bond in the sum of Rs. 5,000/ in terms of provisions of section 437A IPC.
9 Case property, if any, be confiscated to the state after the expiry of period of appeal/revision, if any.
10 File be consigned to record room after completion of all other necessary formalities.
announced in the
open court on (LOKESH KUMAR SHARMA)
09th November, 2015 Additional Sessions Judge04 & Spl. Judge (NDPS)
SouthEast, New Delhi
State Vs. Sarvesh 2 Machaloo - SC No. 37 of 2014 3/3