Delhi District Court
Cr. Case/529449/2016 on 1 February, 2017
In The Court of Ms. Shefali Barnala Tandon, MM, Mahila Court, NW,
Rohini Courts, Delhi
State v. Satender Chauhan @ Sonu
FIR No.160/2013
U/s : 323/509 IPC
PS: North Rohini
JUDGMENT
CIS No. : 529449/2016
Date of Commission of offence : 20.04.2013
Name of the Complainant : Ms. K (name withheld)
Name of the accused : Satender Chauhan @ Sonu
S/o Sh. Ramesh Chauhan
R/o Flat No.96, Pocket-6,
Sector-23, Rohini, Delhi
Offence Complained of : 323/509 IPC
Plea of accused : Plead not guilty
Date when order was reserved : 01.02.2017
Date of order : 01.02.2017
Final order : Acquittal
Brief Reasons For Such Decision:
1. The brief facts of the present case are that on 20.04.2013 at unknown time at D- 14/2013, Sector-07, Rohini within the jurisdiction of PS North Rohini accused restrained the way of complainant Ms. K (name withheld), caused hurt to her and uttered obscene words within her hearing with intention to insult her modesty and thereby committed offence punishable u/s 323/341/509 IPC. Accordingly charge-sheet was filed.
2. After supplying documents to the accused and hearing arguments on point of charge, charge for the commission of offence punishable U/s 323/509 IPC was framed against accused Satender Chauhan @ Sonu to which accused pleaded not guilty and claimed trial. Accused was discharged for offence punishable u/s 341 IPC vide order dated 15.01.2016.
3. In order to prove its case, the prosecution cited as many as 07 witnesses namely (1) Smt. K (name withheld), (2) Rohan Jugran, (3) Dr. Deepti Bhalla, (4) Dr. Ankur Kumar, (5) Ct. Joginder, (6) ASI/DO Ishwar Singh and (7) SI Dinesh Kumar.
4. Ld. Defence counsel submitted that PW K and PW Rohan are the only material witnesses and summons issued to them several times received back unserved, hence they have not been examined till date despite the fact that matter is fixed for PE since 30.04.2016. Remaining witnesses are formal in nature, hence, there remains nothing to be tried in this case.
Heard. Record perused.
Perusal of record shows that till date no prosecution witness has been examined and summons to PW Ms. K received back with "no such person" report on 30.04.2016. Thereafter summons issued to PW Ms. K and PW Rohan through DCP concerned received back unserved on 14.05.2016 as well as on 03.09.2016. Today also summons issued to both the aforesaid witnesses through DCP concerned received back with the report that they left the said address two years ago. No other address of the aforesaid witnesses has been found on record. Remaining witnesses are formal in nature, hence, no purpose would have been served by examining other formal witnesses. Hence PE stands closed vide separate order of even date.
5. Nothing incriminating came on record to connect the accused with the instant case hence the statement of accused U/s. 313 Cr.PC was dispensed with.
6. I have heard Ld. APP for State and Ld. Counsel for the accused. The record has also been perused carefully.
7. As already been pointed out that material witnesses PW Ms.K and PW Rohan could not be examined being untraceable and remaining witnesses are formal in nature, hence, no purpose would have been served by examining other formal witnesses. In these circumstances, it can be safely held that the prosecution has miserably failed to prove its case.
8. With this background, it can be safely held that prosecution has failed to prove the guilt of accused beyond reasonable doubt as nothing incriminating has come on record. Accordingly accused namely Satender Chauhan @ Sonu is acquitted of the charge U/s 323/509 IPC.
Acquitted person is directed to furnish Bail Bonds u/s 437-A Cr.PC for a sum of Rs.10,000/- with one surety in like amount.
Announced and dictated in the open Court today i.e. on 01.02.2017 (Shefali Barnala Tandon) MM, Mahila Court, North-West Rohini Courts, Delhi All pages are duly signed.