Delhi District Court
State vs . Karan Singh on 13 February, 2007
IN THE COURT OF SH. DEEPAK GARG, MM ROHINI COURTS:
DELHI
State Vs. Karan Singh
FIR No. 922/94
U/s. 336/269/291 IPC
PS Mangol Puri
JUDGMENT
a) The sl. no. of the case :
b) The date of commission of the : approx. 7 months prior to
offence 21.6.94.
c) The name of the complainant : Rajmohan Garg
d) The name & address of accused : Karan Singh S/o Bharat
Singh, R/o M-809, Mangol
Puri Delhi
e) The offence complained of : U/s. 336/269/291 IPC
f) The plea of the accused : pleaded not guilty
g) The final order : Acquitted
h) The date of such order : 13/02/2007
THE BRIEF REASONS FOR THE JUDGMENT :
Brief resume of facts of the present case are that approximately seven months prior to 21.6.94 accused had supplied certain medicines to complainant Raj Mohan Garg of House No. 1360, Shri Nagar School Basti, Delhi-41 on the pretext that he was a registered medical practitioner to do that, whereas he was not so and such medicines were given on pretext of having child to the -2- complainant and accused had supplied the medicines to the complainant Sh. Raj Mohan Garg by decepting him with such medicines that those medicines would be helpful in bringing children to him for which accused was not authorised and which were likely to spread infection to Sh. Raj Mohan Garg and accused continued to supply such medicines unauthorisedly to Sh. Raj Mohan Gupta for a period of about 7 months without having any authority/licence etc. to do so. The complaint was made to the police. After investigation, the challan was filed by the police.
Complete set of copies were supplied to the accused. After hearing arguments, charge was framed against the accused for trial of offence U/s. 336/269/291 IPC to which he pleaded not guilty and claimed trial.
Prosecution in support of present case examined four witnesses i.e. PW1 Ranjit Singh who deposed that police took his signature on the pretext that accused Karan Singh would be released on bail. This witness was declared hostile and was cross examined by Ld APP. PW2 ASI Niramaljeet Singh, Duty officer who registered the FIR and proved the copy of the same as Ex. PW2/A. PW3 ASI Om Parkash who proved the complaint as Ex.PW3/A, his endorsement on complaint as Ex.PW3/B. Seizure memo of registration certificate, prescription slip and register of the patient as Ex. PW3/C, Ex.PW3D -3- and Ex.PW3/E and PW1/A and certificate as Ex.PW3/1, the slips are Ex. PW3/2 to Ex.PW3/14. This witness further proved the reply of Central Council of Indian Medicine vide mark PW3/1 and the reply of Board of Ayurvedic and Unani System of Medicine as Ex.PW3/F. This witness was cross examined by Ld Defence Counsel. PW4 Retired SI S.S. Thomas proved the Ex.PW4/A and Ex.PW4/B. Complainant in this case was not traceable despite best efforts as it was told by the PW3 in his cross examination and hence he could not be examined in court.
During trial of the case, two applications u/s 258 Cr.P.C and U/s 173(8) Cr.P.C were moved on behalf of the Defence Counsel and state respectively. Application u/s 258 Cr.PC was dismissed and the application of the State u/s 173(8) Cr.P.C was allowed and the SHO was directed to investigate the matter in respect of document Ex.PW3/1 i.e. Certificate of Government Ayurvedic and Unani Medical Council Bihar. On 13.2.07, SI Mahender Singh filed the report of further investigation and as per the report, the above mentioned certificate was found to be genuine. All the witnesses have been examined except complainant who is not traceable.
Nothing incriminatory came on record against the accused in the statement of witnesses, hence the statement of accused was dispensed with.
-4-In these circumstances, where the complainant is not traceable and the remaining witness examined by the prosecution on record is of formal nature, in my opinion, no amount of evidence can lead to conviction of the accused. Hence, I hereby acquit the accused for the offence he has been charged with. He is on bail. Bail bond cancelled. Surety discharged. File be consigned to Record Room.
ANNOUNCED IN THE OPEN
COURT ON 13/02/2007. (DEEPAK GARG)
Metropolitan Magistrate
(Copies 1 + 1) Delhi