Delhi District Court
State vs Pardeep Kumar @ Sonu Gulia on 12 September, 2025
IN THE COURT OF MS. KOMAL GARG
JUDICIAL MAGISTRATE FIRST CLASS- 03 (WEST),
TIS HAZARI COURTS, DELHI
DLWT020042252017
FIR No.419/2016
PS - Nihal Vihar
State Vs. Pardeep Kumar @ Sonu Gulia
U/s 387/506 IPC & 27 Arms Act
JUDGMENT
(a) ID number of the case 2058/2017
(b) Date of commission of 31.5.2016
offence(s)
(c) Complainant Hirdesh Sharma
(d) Accused person(s) (1) Pardeep Kumar @ Sonu Gulia S/o Mahavir,
R/o H. No. H-2/86, Kunwar Singh Nagar,
Nangloi, Delhi.
(e) Offences U/s 387/506 IPC & 27 Arms Act
(f) Plea of accused Pleaded not guilty
(g) Final Order Acquitted
(h) Date of institution 27.3.2017
(i) Date of judgment 12.9.2025
JUDGMENT:
Digitally
signed by
KOMAL KOMAL
Date:
GARG
GARG 2025.09.12
17:27:29
State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 Page No.1/15
+0530
1. The case of the prosecution in brief is that on 31.05.2016 at 10.00 a.m. at near Hanuman Mandir, Block No. 8A, Khasra No. 18/25, Kunwar Singh, Nihal Vihar, Delhi, accused Pardeep Kumar @ Sonu Gulia along with co-accused person (not arrested) had in order to commit the extortion by putting the complainant Sh. Hirdesh Sharma in fear of death and grievous injury, had showed their pistol while demanding Rs. 2 lakhs and thereby, accused has committed the offences punishable U/s 387 IPC and within the cognizance of this Court. Further, accused Pardeep Kumar @ Sonu Gulia has threatened the complainant Sh. Hirdesh Sharma to kill him and thereby, accused has committed an offence punishable U/s 506 IPC and within the cognizance of this Court. Further, on 21.05.2016, accused Pardeep Kumar @ Sonu Gulia got recovered one pistol from his house situated at H-2/86, Kunwar Singh Nagar, Nihal Vihar which was lying inside his car bearing registration no. DL-4CAS-6749 and which was used by him in threatening the complainant while demanding money and thereby, accused has committed the offence punishable U/s 27 Arms Act and within the cognizance of this Court.
2. After registration of the case, necessary investigation was carried out by the IO concerned. Statements of witnesses were recorded under Section 161 of the Criminal Procedure Code, 1973 [hereinafter to be referred as Cr.PC. for brevity]. The accused was arrested. Relevant record was collected. The final report under Section 173 of Cr.P.C., was prepared against the above named accused and challan was presented in the Court.
3. Copy of challan and relevant documents were supplied to the accused free of costs as envisaged under Section 207 of Cr.P.C.
4. A prima facie case under Section 387/506 IPC & 27 Arms Act was found to be made out against the accused person. Charge was framed upon the accused person accordingly on 6.7.2019. The accused person pleaded not guilty and Digitally signed by KOMAL KOMAL Date:
GARG State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 GARG 2025.09.12 17:27:37 Page No.2/15 +0530 claimed trial.
5. Prosecution examined eight witnesses in the present matter whose testimonies are reproduced hereunder :
6. Statement of PW1 Sh. Krishan Gopal :
"The accused persons used to make gambling play at Gali No. 9, Kunwar Singh Nagar in the year 2014-16. The accused had given Rs. 2 lakhs to my son Hirdesh for playing the gambling as per version of my son Hirdesh and my son stated me that the accused had charged 5% interest on daily basis. Thereafter, the accused had pressurized my son, due to the above said reason, my son had left the house in October, 2014. Thereafter, I had searched my son and informed to PS Nihal Vihar regarding missing of my son at Nihal Vihar. After 6-7 days, the accused Pradeep Guliya along with three other persons came to my home and took out one pistol and shown the same to me and he demanded Rs. 5 lakhs from me by stating that your son had run away along with my Rs. 5 lakhs. Thereafter, I had asked him about the reason why you had given the money to my son and the accused replied the same by stating that your son had lost Rs. 5 lakhs in gambling. Thereafter, I had asked him any receipt for giving the above said money to my son and the accused stated that he had given the money in cash to my son and he had no receipt for the same. Thereafter, I told him that I had no knowledge about the above said fact and suggested him to wait the arrival of my son. Thereafter, the accused along with his associates went away from my house. After 6-7 days, 6-7 days, I had made contact to my son and my son suggested me to make the payment to Pradeep Guliya, otherwise, he would kill him. Thereafter, I had approached with Jagdish Kadiyan @ Khaddu who is the uncle ( Phoopha) of the accused Pradeep Guliya. After making the conversation with Pradeep Guliya, Jagdish Kadiyan @ Khaddu told me that I would have to make the payment but there can be concession in interest rate. Thereafter, in November, Digitally signed by KOMAL KOMAL Date:
GARG GARG 2025.09.12 State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 17:27:45 +0530 Page No.3/15 I along with brother in law Sh. Satish Bhardwaj (Sala) went to building of Jagdish Kadiyan @ Khaddu which is situated near Nangloi Gas Agency, where the accused Pradeep Guliya, Jagdish Kadiyan @ Khaddu & Bhawani Shankar met us. In the presence of above said, I had handed over Rs. 4,60,000/- to Sh. Pradeep Guliya to save social reputation. Thereafter, I had asked the accused not to make contact with my son as he had received the money and Pradeep Guliya and his uncle namely Jagdish Kadiyan @ Khaddu agreed for the same. Thereafter, nothing took place between one & half years. Thereafter, accused again pressurized upon my son to play gambling and on 22.05.2016, the accused had apprehended my son and demanded Rs. 2,00,000/- as interest from my son at Khasra No. 18/25, Plot No. 8A, Hanuman Mandir Wali Gali, Kunwar Singh Nagar, Nangloi near my factory of ice plant & cold plant manufacturing and asked my son to give the above said money before 30.05.2016. On 31.05.2016, the accused had apprehended my son near T-Stall near 50-60 feet from my factory and pointed out pistol on the stomach my son. In the meantime, one associate of the accused came there in car and the accused went away from there by sitting in the above said car and also told my son that he would come within 15-20 minutes and threatened to kill my son. My son had frightened and made the call to me. Thereafter, I suggested him to make the call on 100 numbers and PCR Van came at the spot and PCR Van took my son to PS and FIR was registered against the accused. Pistol of the accused was also recovered from the accused. Till now, the accused had teased and frightened my son and I have fear of life & property from the accused. I had no enmity with any other person if anything happened to me and my family members and accused and his family members would be responsible for the same. The accused is present in the court today [Correctly identified by the witness]" He was cross-examined by Ld. counsel for the accused.
7. Statement of PW2 Sh. Satish Bhardwaj :
Digitally signedby KOMAL
KOMAL GARG GARG Date:
2025.09.12 State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 17:27:52 +0530 Page No.4/15 "In the year 2016, my bhanja namely Hirdesh Sharma has some monetary transaction with the accused Pradeep Kumar @ Sonu Gulia and my Jija namely Sh. Krishan Gopal informed me that he had given some amount of money to Pradeep Kumar @ Sonu Gulia. Vol. the above-said money was not given to the accused in my presence." He was then cross-examined by the Ld. APP for the State as he was resiling from his earlier statement, Thereafter, he was cross- examined by Ld. Counsel for the accused.
8. Statement of PW3 Sh. Hirdesh Sharma :
"On 30/31.05.2016 at about 10:00am-11:00am, I was present at the paan shop near my work shop situated at Khasra No. 18/25, Plot no. 8A, Kunwar Singh Nagar, Nangloi. Earlier, I had borrowed Rs. 2 lakhs from accused Sonu Gulia on the interest. I was unable to repay the said amount to accused Sonu Gulia therefore, I left the my house without disclosing to anyone from my family. My father namely Sh. Kishan Gopal Sharma and my maternal uncle namely Sh. Satish Bharadwaj had arranged Rs. 4,60,000/- and repaid the borrowed amount with interest to accused Sonu Gulia. Prior to one month of alleged incident on 30/31.05.2016, accused Sonu Gulia along with his associate met me at a distance of 50 meters from my above said work shop and they asked me to accompany them. Upon which I refused to do so and I left for my home. On 30/31.05.2016 at the above said time and place, accused Sonu Gulia came to me. Meanwhile, Sachin who was passing through the spot had stopped on seeing me. Accused Sonu Gulia told me that the money repaid by my family persons were less than the money required to be paid and I would be required to pay Rs. 2 lakhs more to settle the account. There was a physical grappling (Gutham Gutha) between me and accused. When Sachin came there accused Sonu Gulia was caught hold my collar. Accused Sonu Gulia had worn Kurta Paizama and his hand was behind the Kurta. It appears to me that something was under the Kurta of the accused. I pushed him in fear and took some steps back. Accused left the spot on seeing Digitally signed by KOMAL KOMAL GARG State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 Date:GARG 2025.09.12 Page No.5/15
17:28:01 +0530 Sachin at the spot. Thereafter, I called at 100 number. I went to PS. I had told to the police about the incident. I had written down the complaint Ex. PW-3/A bearing my signature at point A at the dictation of the police official. Thereafter, I left the PS. Before it, police brought the accused Sonu Gulia at the PS and I signed arrest memo of the accused which is Ex. PW-3/B bearing my signature at point A. I signed sketch map of the pistol, seizure memo of the car, seizure memo of Pistol and disclosure statement of the accused at the PS which are Ex. PW-3/C, Ex. PW-3/D, Ex. PW-3/E and Ex. PW-3/F bearing my signature at point A respectively. Accused is present in the court today and witness correctly identified the same. I can identify the car, if shown to me, however I cannot identify the alleged pistol, if shown to me as I had not seen it, I had seen only the sketch of the same. At this stage, five photographs of the swift car bearing no. DL-4CAS6749 are shown to the witness and correctly identified the same. The same is Ex. PH-1 (colly)." Thereafter, he was then cross-examined by the Ld. APP for the State as he was not disclosing the complete facts. Thereafter, he was cross-examined by the Ld. counsel for the accused.
9. Statement of PW4 Sh. Sachin :
"On 31.05.2016 at around 11.00 am, I was at Kunwar Singh Nagar passing in front of my friend Hirdesh Sharma's shop. I observed that there was some verbal altercation going on between Hirdesh Sharma and accused Pardeep Kumar. I was around 20 feet away from them. Till the time I reached there to know the matter, the accused had left in his white hatch back car. (Vol. I cannot tell the make and model of the said car). Thereafter Hirdesh called at 100 number and I reached the PS alone after 30 minutes. Accused present in the court today and correctly identified by the witness." Thereafter, he was then cross-examined by the Ld. APP for the State. Thereafter, he was cross-examined by the ld. counsel for the accused. Digitally signed by KOMAL KOMAL GARG GARG Date:
2025.09.12 17:28:09 +0530 State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 Page No.6/15
10. Statement of PW5 ASI Inder Raj :
"On 31.05.2016, I was posted as HC at the PS Nihal Vihar. On that day, I was present at the PS I joined the investigation in the present matter with IO SI Tilak Singh. I along with SI Tilak Singh, Constable Amit and complainant went to the spot ie. Kanwar Singh Nagar. 10 SI Tilak Singh prepared site plan at the instance of the complainant, which is Ex.PW5/A. (Objected to by ld. Defence counsel as the said document neither signed nor prepared at the instance of the witness). Objection allowed. We all went to the Nilothi Mor in the search of accused, where accused was correctly identified by the complainant and accused was arrested vide arrest memo already Ex.PW3/B bearing my signature at point B. Accused was inquired as to the pistol upon which he had stated that the said pistol is lying at the car. We went to the street where the house of accused was situated. Accused got recovered the pistol beneath of driver seat of the said car bearing no. DL4CAS 4749 white Swift. 10 prepared sketch of the above said pistol, which is already Ex.PW3/B bearing my signature at point B and the said pistol was checked and found empty without any bullet cartridge. IO seized the said pistol vide seizure memo already Ex.PW3/E bearing my signature at point B and the said pistol was seized in a pullanda with the seal of TS. After use the seal was handed over to Constable Amit. We took the accused and case property to the PS. I also recorded the disclosure statement of accused at PS, which is already Ex.PW3/F bearing my signatures at point B. The case property is deposited in the Malkhana of the PS. My statement was recorded by the IO. I was relieved from the investigation. Identify of the car is not disputed by the accused. I can identify the case property if shown to me. MHC(M) submits that he has not received summons in the prese bring the case property. Thereafter, he was then cross- examined by the Ld. APP for the State. Thereafter, he was cross-examined by the ld. counsel for the accused.
11. Statement of PW6 SI Dinesh : Digitally signed KOMAL by KOMAL GARG GARG Date:
2025.09.12 State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 17:28:18 +0530 Page No.7/15 "On 31.05.2016, I was posted as SI at PS Nihal Vihar. On that day, I was on emergency duty from 08:00 am to 08:00 pm. On that day, the then SHO marked the complaint already Ex.PW3/A to me for investigation. I perused the same and preapred rukka which is now Ex.PW6/A bearing my signature at point X and got the present FIR registered through DO. Thereafter, the investigation was marked to SI Tilak Pal being the Division Officer of area, for further investigation as per the order of the then SHO." Thereafter, he was cross-examined by the ld. counsel for the accused.
12. Statement of PW7 HC Amit :
"On 31.05.2016, I was posted as a Ct. at PS Nihal Vihar. I joined the investigation in the present matter with SI Tilak Singh with HC Inderaj and complainant namely Hirdesh. At about 04-05:00 pm on that day we all went to that spot Kunwar Singh nagar near pan shop. IO prepared at the instance of complainant which is already Ex.PW5/A. We went to the area in the search of accused with complainant. Thereafter we reached at the Nilothi Mod on Najafgarh road, where the accused was seen by the complainant and complainant had identified the accused to us. The complainant further stated to us that he had been threatened by the accused with the pistol by accused identified. We empowered him at the Nilothi mod. On inquiry he revealed his name as Pardeep Kumar @Sonu Gulia S/o Mahavir. IO arrested the accused in the present matter vide arrest memo already Ex.PW 3/B and personally searched vide memo already Ex.PW5/B both bearing my signatures at point C and B respectively. IO enquired the accused regarding the alleged weapon I.e. pistol. Upon which accused stated that the said pistol was kept in his car parked in his street near his house. IO recorded disclosure statement of accused which is already Ex.PW3/F bearing my signature at point C. Accused took us to the his house situated at H 2 Block Kunwar Singh Nagar. Accused opened the door of the white swift car bearing no. DL 4CAS 6749 and took out alleged pistol beneath driver's seat of the said car. IO prepared Digitally signed by KOMAL KOMAL GARG Date:
State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 GARG 2025.09.12 17:28:26 Page No.8/15 +0530 sketch map of the said weapon which is already Ex.PW3/C baering my signature at point C and the said weapon was identified by the complainant. IO seized the said weapon vide seizure memo already Ex.PW3/E bearing my signature at point C. IO turned the said pistol in the pulanda with the help of white cloth and sealed with the seal of TSP. IO took the custody of the said vehicle swift car vide seizure memo already Ex.PW3/D bearing my signature at point C. We took the entire case property and the accused to the PS. The case property was deposited in the malkhana of the PS. Accused had identified the place of incident vide memo already Ex.PW5/C bearing my signature at point B. Accused was got medically examined at SGM hospital. Accused was taken to PS and put in the lock up. My statement was recorded by the IO. Accused present in the court today and correctly identified by the witness. The case property I.e car bearing no. DL 4CAS 6749 is already released on superdari. The 5 photographs of the said car is shown to wtiness and witness correctly identifies the same. The photograph is already Ex.PH1 colly. I can identify the recovered pistol if shown to me. Court observation: The identity of pistol is not required as the said pistol is already identified in the deposition of PW5 as Ex.PH2." Thereafter, he was cross- examined by the ld. counsel for the accused.
13. Statement of PW8 Sh. Tilak :
"On 31.05.2016 I was posted at PS Nihal Vihar as SI. On that day, the further investigation in the present case was marked to me after registration of FIR. At that time, the complainant was also present in the PS. I made enquiry from the complainant. Thereafter, I alongwith HC Hemraj, Ct. Amit and complainant reached at the spot I.e. Khasra No. 18/25, Plot no. 8A, Kunwar Singh Nagar, Nangloi. I made enquiry regarding the incident from neighbourhood. I found the shop of Paan (khoka) closed where incident had taken place. Thereafter, I prepared the rough site plan at the instance of complainant which is already Ex. PW5/A bearing my signature at point A. Thereafter, when we reached near Digitally signed by KOMAL KOMAL GARG State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 GARG Date:2025.09.12 Page No.9/15
17:28:34 +0530 Nilothi Mor, the complainant pointed out towards one person and told that he is same person who had committed the offence. Thereafter, we apprehended the said person and on interrogation accused revealed his name as Pradeep Kumar @ Sonu Gulia. Thereafter, accused was arrested and personally search vide memos already Ex. PW3/B and Ex. PW5/B, both bearing my signature at point D. I asked the accused about the weapon used in committing the offence. Accused disclosed that he had kept the said weapon in the car parked in the gali near his house. Thereafter, I alongwith the accused and other staff and complainant reached at the house of accused. Thereafter, accused opened the door of his car bearing no. DL4C AS 6749 and took out a pistol beneath driver seat. I checked the said pistol and found that it was empty. Thereafter, I prepared sketch of the pistol as well as the magazine which is already Ex. PW3/C bearing my signature at point D. Thereafter, I put the magazine in the said pistol. I kept the said pistol in one plain white cloth and sealed the same with the seal of TSP. Thereafter, I seized the said pistol vide seizure memo already Ex PW3/E bearing my signature at point D. I also seized the said Swift car vide seizure memo already Ex. PW3/D bearing my signature at point D. Seal after use was handed over to Ct. Amit. Thereafter, we returned back to PS. Case property was deposited in malkhana. Thereafter, I recorded the disclsoure statement of accused which is already Ex. PW3/F bearing my signature at point D. Thereafter, friend of complainant namely Sachin also arrived at the PS. I recorded the statement of Sachin and supplementary statement of complainant. Thereafter, I alongwith staff and accused went to the place of incident. I prepared pointing out memo at the instance of accused which is already Ex. PW5/C bearing my signature at point C. Thereafter, accused was got medically examined and after his medical examination, accused was sent to lock-up. I recorded the statement of witnesses. On the next day, accused was produced before the court and from there he was sent to J/c. During investigation, on 03.06.2016, I recorded the statement of father and uncle (mama) of the complainant. During investigation, I also received DD Digitally signed by KOMAL KOMAL Date:
GARG State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 GARG 2025.09.12 17:28:43 Page No.10/15 +0530 No. 71B in respect of threatening the complainant by one Ashok on behalf of the accused. Witness has submitted that the DD No. 71B is available in the police file and the same can be filed on record, if required. Ld. Counsel for the accused raised objection and submitted that the aforesaid DD entry i.e 71B dated 02.06.2016 cannot be made part of judicial record at this later stage and he has also submitted that complainant had not stated anything regarding DD no. 71B in his evidence. He has further submitted that there is no mention of the aforesaid DD entry in the charge-sheet. The aforesaid objection will be dealt at the time of the conclusion of the PE. Later on, further investigation was handed over to someone else. Accused is present in court today (correctly identified by the witness). Ld. Defence counsel has submitted that he is not disputing the identity of the case property I.e. car bearing No. DL 4CAS 6749 and pistol as the same has already been identified by the earlier witnesses." Thereafter, he was cross-
examined by the ld. counsel for the accused.
14. Thereafter, statement of accused U/s 294 Cr.P.C. recorded on 20.11.2023 and 28.4.2025 wherein he admitted genuineness of documents without admitting the contents thereof. Thereafter, statement of accused u/s 313 of Cr.P.C. was recorded, wherein all the incriminating facts were put to the accused. Accused submitted that he has been falsely implicated and the planted case against him and that is the reason none of the public witness has supported the prosecution story. Accused did not lead his defence evidence. Accordingly, DE of the accused has been closed.
15. Final arguments from both sides heard. Record perused.
Digitally signed by KOMAL KOMAL Date:
GARG State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 GARG 2025.09.12 17:28:52 Page No.11/15 +0530 APPRECIATION OF FACTS/CONTENTIONS/ANALYSIS & FINDINGS
16. It is submitted by ld. APP for the State that prosecution has examined material witnesses and proved relevant documents on record, including the recovery of the pistol from accused Pardeep Tomar @ Sonu Gulia. It is further submitted that accused be convicted under section 387/341/506 IPC & 27 of Arms Act.
17. On the contrary, it is submitted by ld. Counsel for the accused that the prosecution's case suffers from serious infirmities, started with the star witness ie PW3 turning hostile, thereby demolishing the substratum of the prosecution case. It was also argued that PW1 Krishan Gopal has narrated a totally different story by saying that his son was involved in gambling activities and accused is responsible for that. The testimony of PW1 is totally hearsay in nature as he was not present at the spot on 22.5.2016 and 31.5.2016. PW2 has also not supported the story of the prosecution. The defence further pointed out the procedural lapses of photographs, video recording or proper sealing procedures, rendering the recovery doubtful. Interestingly, IO SI Tilak has been convicted under Prevention of Corruption Act on the complaint filed by the brother of the accused.
18. Section 387 IPC requires not merely an apprehension of death or grievous hurt, but that such apprehension be caused with the intent to commit extortion. The fulcrum of the prosecution was here PW3 ie Hirdesh Sharma. The perusal of his testimony reflects that he did not support his own complaint which was exhibited as Ex. PW3/A. He disowned the incident as he denied the suggestion of ld. APP for the State as to the threat to him by the accused by pointing out the pistol. He Digitally signed by KOMAL KOMAL GARG State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 GARG Date: 2025.09.12 Page No.12/15
17:29:02 +0530 further failed to identify the said pistol stating that he has not seen the same at the time of incident. Despite being the star witness of the prosecution, he was declared hostile by ld. APP for the State.
19. It is observed by the Court that prosecution has relied upon the documents allegedly bearing signatures of PW3, however, when PW3 himself demolishes the case from within, the edifice cannot stand merely on the circumstantial remnants. An act allegedly so grave cannot rest upon the shaky testimony of the complainant.
20. Even if the testimony of PW1 ie father of PW3 be taken into consideration, the same does not appear to corroborate the story of the prosecution as the same was based on the facts told by PW3 to him. Further, the facts stated by PW1 as to the payment to the accused before the date of incident does not have any documentary proof and the same was not supported by PW2 Satish Bhardwaj, Brother in law of PW1 and Uncle of PW3.
21. The testimony of PW4 has no value in the eyes of law as it has come on record that police has not recorded his statement under section 161 Cr.P.C. In addition to the same, he has been declared hostile by the prosecution. He has stated that he has only witnessed the verbal altercation between the accused and PW3 Hirdesh Sharma on 31.5.2016.
22. Accordingly, the charge under section 387 IPC fails against accused Pardeep Kumar @ Sonu Gulia.
23. Section 506 IPC : The gravamen of criminal intimidation lies in the creation of Digitally signed by KOMAL KOMAL Date:
GARG GARG 2025.09.12 State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 17:29:10 +0530 Page No.13/15 fear - real, palpable and immediate. In view of the aforesaid discussion, the prosecution failed to show any trace of fear induced into the mind of PW3.
The alleged threat dissipates into mere conjuncture when the persons threatened refuses to acknowledge any apprehension in his testimony. PW3 has stated that he had written down his complaint ie Ex.PW3/A at the dictation of the police official. He was confronted with his statement by ld. APP for the State and the same was denied by him.
24 Accordingly, the charge under section 506 IPC is also not made out.
25. Section 27 of the Arms Act :- This charge demands a higher evidentiary threshold. It is a strict offence, one that penalises the using of the arm. Here in the present matter, the prosecution claims that a buttondar knife was recovered from the car of the accused. But PW3 who had the signatures at the seizure memo did not support the said recovery. Neither photography nor videography of the recovery proceedings have been conducted. No public witness was called to be the witness to the recovery.
26. Resultantly, the charges under section 27 Arms Act is also not made out against the accused.
27. The testimony of police officials cannot prove the guilt of the accused when the complainant and the independent witnesses failed to corroborate the story of the complainant. The testimony of IO also shows procedural lapses as he has brought on record DD no. 71B in his testimony and has conducted no investigation on those allegations. The fact that the CBI has arrested the IO in Digitally signed by KOMAL KOMAL GARG Date:
GARG 2025.09.12 State vs. Pardeep Kumar @ Sonu Gulia FIR No. 419/2016 17:29:18 +0530 Page No.14/15 the FIR no. 117/14 where the accused has to depose against him, further dents the story of the prosecution as to the fair investigation. This fact is reflected in the bail order dated 23.7.2016 of ld. ASJ-02, West.
28. In view of the aforementioned facts and circumstances, this Court is of the opinion that prosecution has failed to prove its case against the accused beyond reasonable doubt. Accused is given benefit of doubt in this matter, accordingly, accused namely Pardeep Kumar @ Sonu Gulia is acquitted of the charge framed u/s 387/506 IPC & 27 Arms Act.
Digitally
signed by
KOMAL
Announced in the open Court KOMAL GARG
GARG Date:
on 12.9.2025 2025.09.12
17:29:24
(Komal Garg)
+0530
JMFC-03/West/THC/Delhi
12.9.2025
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