Delhi District Court
State vs Ashish @ Aashu (" Convicted ") Page 1 Of 11 on 25 September, 2014
FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 IN THE COURT OF SH. POORAN CHAND: CHIEF METROPOLITAN MAGISTRATE: CENTRAL DISTRICT: TIS HAZARI COURTS: DELHI FIR No.:95/2010 PS: DBG Road U/s : 509/506 IPC Unique ID No.: 02401R0191042010 J U D G M E N T:
______________________________________________________________
(a) S. No. of the case : 113/2
(b) Name of complainant : Ms. Amita Shrestha D/o Sh. Amrit Kumar Shrestha R/o H. No.C223, Tibia College, DBG Road, New Delhi.
(c) Date of commission of offence : About 8 to 10 months, prior to
24th April 2010
(d) Name of the accused : Ashish @ Aashu
S/o Sh. Sohan Lal
r/o 10858, Gali No. 1, 100
quarters, Karol Bagh, New
Delhi5.
(e) Offence complained of : U/s :509/506 IPC
(f) Plea of accused : Pleaded not guilty
(g) Final arguments heard on : 25.09.2014
(h) Final Order : Convicted
(i) Date of such order : 25.09.2014
______________________________________________________________ State V/s Ashish @ Aashu (" Convicted ") Page 1 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 A. BRIEF FACTS & REASONS FOR SUCH DECISION:
The facts of the case as borne out from the record are that for about 8 to 10 months, prior to 24th of April 2010 at Ajmal Khan Road, near Tibia College, DBG Road, Delhi, within the jurisdiction of Police Station DBG Road, accused intending to insult the modesty of Ms. Amita, uttered obscene remarks against her. Further, accused also criminally intimidated the said complainant by raising threats to her in order to tarnish her reputation/character and also to kill her younger brother and sister. Thereafter, accused stood chargesheeted for offence punishable U/s 509/506 IPC.
2. After filing of the charge sheet in the case, accused was supplied the documents in compliance of Section 207 Cr.P.C and after hearing arguments on charge vide order dated 07.07.2011, charge U/s 509/506 IPC was framed against accused, to which he pleaded not guilty and claimed trial.
3. In order to bring home the guilt of accused, prosecution examined five witnesses, whereafter the PE in the matter was closed and statement of accused 313 Cr.P.C was recorded, wherein he pleaded innocence and claimed that he has been falsely implicated in this case. However, accused lead evidence in his defense.
Evidence Held:
State V/s Ashish @ Aashu (" Convicted ") Page 2 of 11
FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014
4. A total of five witnesses were examined by the prosecution in support of its case. A brief scrutiny of the evidence recorded in the matter is as under.
5. PW1 Smt. Laxmi Devi is the mother of the complainant who has deposed that her daughter namely Amita @ Jaini is aged about 18 years. She knew accused namely Ashish @ Aashu. He resides at 100 quarter, China Market, Karol Bagh. Her daughter had told her that accused used to tease her on the way to school and outside the school. She had seen him near her house. Her daughter many times made a complaint to her against the accused that he stops her on the way and makes indecent gestures. She further told her that accused asks her to get married with him. He used to tell her that if she did not agree to the marriage, he will malign character of her daughter in the society and he will not get her married anywhere else. After feeling harassed very much, she went alongwith her daughter with Police Station DBG Road and got the FIR registered against the accused. IO had recorded her statement.
6. PW2 Ms. Amita Shrestha is the complainant who has deposed that she knew accused Ashish since 2009 and he resides in the Karol Bagh area. She was having merely friendship with him. After two to three months of coming to contact with him he started teasing her. He started saying that he wants to marry her. Whenever, she used to go to her school, he used to stop her on the way and used to show her knife or blade saying that he loves her and wants to marry her. He had threatened her that if she will not marry him he will kill State V/s Ashish @ Aashu (" Convicted ") Page 3 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 her brother and sister. He used to further threatened her that he will not let her marry with other person. One day, when she returning from her school, he had snatched her file from her hand. He had also told her that he has her obscene photo and videos and using it he will defame her. He started blackmailing her. One day, he had come to her house and had scuffle with her mother breaking the household articles. He had misbehaved her on the way and had shown obscene gestures to her. After her board exam, she had gone to the house of her Mama at Sector7, Rohini. She had gone there on 06.04.2010. Accused came there also and defamed her. He stated in public that she is having two months pregnancy from him. She was compelled to return to her house due to the said incident. The accused continued to misbehave with her even after the said incident. On 24.04.2010, she had made a complaint to the police in his own handwriting, which is Ex.PW2/A. She had shown the place where accused used to tease her on the way to her house from the school. Police had prepared the site plan on her instance. The accused was arrested by the police at Ajmal Khan Market while accused was roaming there. He was arrested on her pointing out. The arrest memo is exhibited as Ex.PW2/B, whereas the personal search memo is exhibited as Ex.PW2/C. Only due to the behavior of the accused, she is not able to reside with her family and now a days she is residing in Ghaziabad but she do not want to disclose her address to this court due to obvious reasons.
7. PW3 SI Veena Sharma is the duty officer who has deposed that on State V/s Ashish @ Aashu (" Convicted ") Page 4 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 24.04.2010 at about 2.45 pm, ASI Sukhpal produced one rukka, on which she registered present case FIR and handed over copy of the same and original rukka to Ct. Bali Ram for handing over the same to ASI Sukhpal for investigation. Copy of FIR is Ex. PW3/A. Her endorsement on rukka is Ex. PW3/B. The contents of the FIR were put into the system under her supervision and the print out was also taken out in her presence, there was no break down in the system during the said period.
8. PW4 Ct. Bali Ram has deposed that on 24.04.2010 duty officer had given to him the copy of the present FIR and original rukka for handing over the same to IO ASI Sukhpal. He went to Nukad Ajmal Khan Road near Tibbia College and gave the said documents to the said IO who was already present there. Thereafter, the accused was arrested in this case in AK Market, Karol Bagh on the pointing out of the complainant. The arrest memo is Ex. PW2/B and personal search memo is Ex. PW2/C. IO had recorded his statement.
9. PW5 ASI Sukhpal is the IO who has deposed that on 24.04.2010 complainant Ms. Amita alongwith her mother had come to Police Station where the complainant gave a written complaint to the SHO. The said complaint was marked to him by the SHO. He made inquiry from the complainant and prepared rukka on the back side of the complaint which is Ex. PW5/A. He handed over the rukka to duty officer for registration of FIR. After registration of the present FIR, duty officer returned original rukka to State V/s Ashish @ Aashu (" Convicted ") Page 5 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 him alongwith the copy of the present FIR for the purpose of investigation. He went to the spot alongwith the complainant and prepared the site plan Ex. PW5/B on her pointing out. The accused was arrested at the crossing of DBG Road (AK Market Chowk) on the identification of the complainant vide memo Ex. PW2/B. He took the personal search of accused vide memo Ex. PW2/C. He had also interrogated the accused prior to his arrest. The accused was released on police bail at the spot when he produced his surety. He recorded the statements of witnesses and completed the investigation.
10. DW1 Ashish @ Aashu has deposed that he knew the complainant Amrita since the year 2009 through a common friend namely Nikhil. He met the complainant at Coffee cafeday at Cannaught place somewhere in the year 2010. Thereafter, he used to visit at the dance classes where the complainant used to go at Gole Market. Thereafter, they used to meet each other and he started visiting at the residence of the complainant. The complainant called me at Kolkatta in the year 2010 as the complainant was performing in a dance show at Kolkatta. At the instance of complainant he went to Kolkatta. Upon knowing that he went to Kolkatta to attend the dance show of the complainant, the mother of the complainant objected the same and objected about the courtship between them. At the instance of mother of the complainant, the complainant lodged complaint against him at Police Station DBG Road. Even after the registration of FIR against him, the complainant called him at her maternal uncle residence at Rohini to hand over mobile instrument for her and State V/s Ashish @ Aashu (" Convicted ") Page 6 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 to meet her. He have not given any threat to the complainant nor he pressurized her for marriage. The photographs mark A, B and C were taken by the complainant Amrita and he got developed the same. The copy showing contents of SMS sent to him is also marked as Mark D. He has been falsely implicated in this case at the instance of the mother of the complainant.
13. This is all as far as prosecution evidence in the matter is concerned.
Arguments advanced & Case law cited:
14. I have heard final arguments advanced on behalf of both the sides and also have perused the entire judicial records, carefully.
15. It is argued on behalf of Ld. APP that in view of the testimonies PW1 Smt. Laxmi Devi and PW2 Ms. Amita Shrestha prosecution has proved the charge against the accused beyond reasonable doubt. It is also argued that the testimonies of these witnesses remain unimpeached even during cross examination. Hence, it is argued that accused be convicted for the offence charged and sentenced as per law.
16. Per contra, it is argued on behalf of accused that there was courtship between the accused and PW2 Ms. Amita Shrestha. It is also argued that accused has been falsely implicated in the present case. Hence, accused is entitled to be acquitted.
State V/s Ashish @ Aashu (" Convicted ") Page 7 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 Court View & Final Decision:
17. I perused the testimonies of the prosecution witnesses and also perused the statement of accused Ashish who chosen to examine himself as DW1 in this case. Accused was charged for the offence u/s 509/506 IPC. Section 506 IPC provides the punishment for criminal intimidation wherein Section 503 IPC defines the criminal intimidation which is as under: "whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation"
Section 509 IPC prescribed the punishment for word, gesture or act intended to insult the modesty of a woman. The bare perusal of Section 509 IPC speaks that "whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture..................shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.
State V/s Ashish @ Aashu (" Convicted ") Page 8 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014
18. Now, I come to the evidence come on record to prove the charge against the accused. PW2 Amita Shrestha is the complainant in the present case as well as the victim. She has categorically deposed that she was having merely friendship with the accused and after two or three months he started teasing her and wants to marry her. Whenever, she used to go to school, he used to stop her on the way and used to show her knife or blade saying that he loves her and wants to marry her. Accused threatened her that if she will not marry him he will kill her brother and sister. He used to further threatened her that he will not led him marry with other person. One day, while she was going from her school, he snatched her file and told that he has her obscene photo and videos and will defame her. He started blackmailing her. Not only this, one day he had come to her house and had scuffle with her mother and broken the house hold articles. He had also misbehaved the victim on the way and had shown obscene gestures to her. She has further stated that after finish her board exam, she had gone to the house of her Mama at Rohini and accused came there and defame stating in public that she is having two months pregnancy from him. She was compelled to return to her house due to the said incident. Accused continued to misbehave even after the said incident and lastly she made complaint on 24.04.2010 to police in her handwriting. To corroborate the testimony of this witness, PW1 Smt. Laxmi Devi, the mother of the complainant has also categorically stated in the witness box that her daughter had told her that accused used to tease her on the way to school and outside the school. She had noticed the accused near her house and her State V/s Ashish @ Aashu (" Convicted ") Page 9 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 daughter many times made complaint to her against the accused that she stops her on the way and makes indecent gestures. Victim had also told her that accused asked her to get married with him. Not only she had also told to her that accused will not get her marry anywhere else and also threatened to malign her character. After feeling harassed very much the present case was registered on the complaint of her daughter. This piece of evidence of both the witnesses remain unimpeached even during the cross examination. All the suggestions put to contradicts these witnesses were denied. The only fact which is admitted by the complainant is that she knew the accused as his sister was the classmate of the victim. She has denied other suggestions put to this witnesses. She has admitted that some photographs were clicked wherein she has shown with the accused in a mandir and in a garden. Vol. she has stated that the same was the period when there was a brief courtship between the accused and the victim. Accused as taken the defence that victim was also interested in him but I do not agree with the arguments as from the testimony of victim as well as her mother, she has deposed in details regarding the conduct of the accused towards the victim. Not only this, from the conduct of the accused, victim remain disturb during her school time. Having a friendship with a girl does not give any right to accused to compel her marry. It is ultimately the will of the girl and the boy if they decided to get marry but the girl cannot be compel to get marry with accused against her wishes. In the present case accused not only has threatened the victim to cause injury to her brother and sister. He has followed the victim when she went to her State V/s Ashish @ Aashu (" Convicted ") Page 10 of 11 FIR No. 95/2010: U/s 509/506 IPC: PS DBG Road DOD: 25.09.2014 maternal uncle house (Mama) and she was defamed in public by saying that she has having two months pregnancy with the accused.
19. In the light of aforesaid discussion, court is of the considered opinion that the whole conduct of the accused constitute the offence u/s 509/506 IPC. As there is no overt act pursuant to the threat extended to kill the brother and sister of the victim. In my considered view, prosecution successfully proved the guilt of the accused Ashish @ Aashu. Hence, accused is convicted for the offence u/s 506(I) & 509 IPC. To be heard separately on the point of sentence.
Announced in the open court (Pooran Chand)
on 25.09.2014 Chief Metropolitan Magistrate:
Central District:Tis Hazari Courts
Delhi
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