Delhi District Court
State vs Karan Singh on 18 April, 2022
DLSE020041622018
Presented on : 13-02-2018
Registered on : 15-02-2018
Decided on : 18.03.2022
IN THE COURT OF Metropolitan Magistrate AT ,SOUTH EAST DELHI
(Presided Over by SH. ANIMESH KUMAR)
Cr CASES/899/2018
(PROSECUTION): STATE
Through Police Station Officer KALKAJI 233 , NEW DELHI
SOUTH EAST DELHI
STATE
VERSUS
: KARAN SINGH
Occupation : Labour
F-268 HOUZ RANI KUMHAR BASTI MALVIYA NAGAR DELHI.
Sh. Rashid Ali, Ld. APP for State }: ,
Sh. Sunil Kumar, Advocate for appearing for KARAN SINGH.
Offence punishable under : 174 A IPC
ANIMESH Digitally signed by
ANIMESH KUMAR
KUMAR 1
Date: 2022.04.18 16:40:44
+0530
BRIEF STATEMENT OF FACTS FOR THE DECISION:
1.Vide this judgment, I seek to dispose off the case of the prosecution filed against the accused Karan Singh for having committed the offence punishable u/s 174 A of Indian Penal Code, 1861 (hereinafter referred as "IPC").
2. As per the case of prosecution, chargesheet has been initially filed against the accused Karan Singh for the offence punishable u/s 379/411 IPC. Accused did not appear in the said case even after the issuance of summon. Thereafter, NBW was issued against the accused vide order dated 18.10.2018 which was received back with report that accused had left the premise few months back. Thereafter, process u/s 82 Cr.P.C was issued against the accused returnable for 27.06.2019 which was received executed. Separate statement of the process server HC Ramniwas was recorded and the accused was declared absconder vide order dated 25.10.2019. Thereafter, the accused was apprehended by the police officials from Malviya Nagar metro station on 30.01.2019. Thereafter, supplementary chargesheet was filed against the accused for the offence punishable u/s 174A IPC.
3. After the apprehension of accused, he had pleaded guilty for the offence punishable u/s 379 IPC, and, therefore, he was convicted for the offence u/s 379 IPC vide order dated 04.03.2021. He was sentenced to imprisonment for the period already undergone by him vide order dated 29.09.2021. A separate charge u/s 174 A IPC was framed against him on 29.09.2021 to which he pleaded not guilty and claimed trial.
4. In order to prove the guilt of accused persons, the prosecution examined following two witnesses:
HC Sandeep Kumar, deposed as PW1 and ASI Sandeep deposed as PW2;
ANIMESH Digitally signed by ANIMESH
KUMAR
KUMAR Date: 2022.04.18 16:40:54 +0530
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5. After examination of all prosecution witnesses, at the request of Ld. APP, PE was closed on 04.04.2022. Thereafter, statement of the accused was recorded on 08.04.2022 u/s 313 Code of Criminal Procedure, 1973 ("Cr.P.C") wherein he denied the allegations and claimed to have been falsely implicated.
6. PW1, deposed that he received information from HC Sandeep from PS Fatehpur Beri about arrest of accused as he was proclaimed person. Further, investigation was assigned to PW1 and during the course of investigation, PW1 filed supplementary charge sheet u/s 174 A IPC against the accused.
7. PW2 deposed that on 30.01.2021, he along with Ct. Ashok went to Metro station Malviya Nagar from where accused was apprehended as he was absconder by the order of Sh. Nishant Garg, Ld. MM06, Ex. PW1/A. PW2 arrested and conducted personal search of accused. Thereafter, accused was medically examined.
8. The Ld. APP urged that testimonies of the material witnesses have remained unchallenged in the crossexamination and there is no reason to doubt their testimonies.
The Ld. Counsel for the accused, on the other hand, argued that material contradictions have appeared in the testimonies of the PWs and prosecution has not been able to prove the guilt of the accused beyond reasonable doubt. Hence, benefit of doubt must be given to the accused.
9. I have considered the rival submissions and perused the materials available on record.
10. As per the case of prosecution, the accused Karan Singh being an accused in the present case did not appear in the Court despite execution of summons, arrest warrants and proclamation u/s 82 Cr.P.C, and, therefore, committed an offence u/s 174A IPC.
11. Section 174A IPC makes nonappearance of a person (against whom proclamation u/s 82 Cr.P.C has been executed) a specific offence. It reads as under:
3 Digitally signed by ANIMESH KUMARANIMESH KUMAR Date: 2022.04.18 16:41:01 +0530 "174A. Nonappearance in response to a proclamation under section 82 of Act 2 of 1974.--Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine."
12. Perusal of PO order dated 25.10.2019 would clearly suggest that the accused Karan Singh was declared absconder in the present case after the execution of proclamation u/s 82 Cr.P.C. Further, factum of his arrest could be clearly proved from the testimony of PW2 who in his testimony had categorically stated that he had arrested the accused on 30.01.2021 from Malviya Nagar metro station.
13. Further, when the incriminating materials were put up before the accused at the stage of recording of his statement u/s 313 Cr.P.C, he had stated that he was implicated in the present case and was not aware about the pendency of the present case. He had further stated that his lawyer had told his mother that the present case was disposed off. This is a bald and evasive statement made by the accused which will be of no help to him.
14. From the perusal of materials available on record, it is clear that the accused Karan has been declared absconder in the present case vide order dated 25.10.2019. He was subsequently arrested by PW2 on 30.01.2021 and he had no reasonable explanation to make regarding his nonappearance from the Court even after issuance of summons/warrants and proclamation.
ANIMESH Digitally signed by ANIMESH
KUMAR
KUMAR Date: 2022.04.18 16:41:08
4
+0530
15. Hence, in view of the above, I am of the considered view that the prosecution has successfully proved the guilt of accused Karan Singh for the offence u/s 174A IPC beyond reasonable doubt.
16. Therefore, in view of the above discussions and findings, accused Karan Singh stands convicted for the offence u/s 174A IPC.
17. Let the copy of this judgment be supplied to the accused Karan Singh free of cost.
Announced in the open court on 18.04.2022 Digitally signed by ANIMESH KUMAR ANIMESH KUMAR (Animesh Kumar) Date: 2022.04.18 16:41:17 +0530 MM06, South East, New Delhi It is certified that this judgment contains 05 pages and each page bears my signatures.
ANIMESH Digitally signed by ANIMESH
KUMAR
KUMAR Date: 2022.04.18 16:41:22 +0530
(Animesh Kumar)
MM06, South East,
New Delhi/18.04.2022
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