Delhi District Court
Sate vs . Rakesh Shorey on 5 May, 2015
FIR No. 577/06
PS Narela
U/s. 287/338 IPC
Sate Vs. Rakesh Shorey
IN THE COURT OF SH. SANDEEP GUPTA
METROPOLITAN MAGISTRATE: ROHINI COURT: DELHI.
FIR No.577/06
PS Narela
U/s. 287/338 IPC
Sate Vs. Rakesh Shorey
Date of Institution of case:- 11.09.07
Date of Judgment reserved:-05.05.15
Date on which Judgment pronounced:- 05.05.15
JUDGMENT
Unique ID no. :02404R0678022007
Date of commission of offence :18.09.06
Name of complainant :Sh. Ram Narayan, S/o Sh. Ram
Adhar, R/o Vill- Gali No.1, Kamal
Pur, Burari, Delhi.
Name and address of accused :Rakesh Shorey
S/o. Sh. Om Prakash, R/o
A-213/2, Derawal Nagar, II Floor,
Delhi-110009.
Offence complained of :287/338 IPC
Plea of accused :Pleaded not guilty
Final order :Acquitted
Date of order :05.05.2015.
BRIEF REASONS FOR DECISION:
The story of the prosecution in brief is as under:-
1. The accused Rakesh Shorey S/o Sh. Om Prakash has been sent to face trial under Section 287/338 Indian Penal Code (hereinafter called as IPC) on the allegations that on 18.09.06 at about 5:45 p.m. at Factory no.G-1128, DSIDC, Bhorgarh, Narela, Delhi, he being the owner of the said factory knowingly and negligently omitted to take such orders with the power pressing machine in his possession as sufficient to guard against any Page No.1 of 5 FIR No. 577/06 PS Narela U/s. 287/338 IPC Sate Vs. Rakesh Shorey probable danger to human life from such machinery and while doing the work on the said machine, one of the labourer in his aforesaid factory/ complainant Hari Narain S/o Sh. Ram Adhar had suffered grievous injuries due to his rash and negligent act and on the basis of the said allegations, the present FIR bearing no.577/06 was registered at Police station Narela and the accused has been charged with the offences under Section 287/338 IPC.
2. After investigation, charge sheet was filed against the accused. The copies of charge sheet were supplied to the accused in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C) and notice U/s. 251 Cr.P.C. for the offences U/s. 287/338 IPC was served upon the accused on 07.07.10, to which he has pleaded not guilty and claimed trial.
3. In support of its version, the prosecution examined only two witnesses.
4. PW1 is Ex.HC Dibagh Singh, S/o Late Sh. Amir Singh, R/o Village Badhkhalsa, District Sonepat, Haryana. He is the duty officer in the present case. He deposed that on receipt of rukka from IO HC Ramesh Ramesh he recorded the FIR no.577/06. The carbon copy of the same was Ex.PW1/A. He further deposed that he made endorsement on rukka which was Page No.2 of 5 FIR No. 577/06 PS Narela U/s. 287/338 IPC Sate Vs. Rakesh Shorey Ex.PW1/B. He has not been cross-examined by the accused despite given opportunity.
5. PW2 is Sh. Krishan Kumar S/o Sh. Deen Dayal, R/o H.No.4004, Bahadurgarh Road, Gali Ahiran, Delhi-110006. He deposed that he was the owner of factory No.G-1128, DSIDC Bhorgarh, Narela, Delhi. He further deposed that he had given some portion of his aforesaid factory in the year 2006 on rent, to accused Rakesh Shorey on the monthly rent of Rs.7500/- p.m. He further deposed that accused Rakesh Shorey used to do the work of manufacturing clutch plates. Thereafter, he came to know that one worker got injured while working in the factory. He further deposed that IO recorded his statement on 20.08.2007 and accused Rakesh Shorey left the factory around 5-6 months prior to recording of his statement by the police. During his cross examination by Ld. defence counsel, he deposed that no written rent agreement was executed. He further deposed that the premises were given on rent for approximate period of one year. He did not remember the name of the firm, being run by the accused. He further deposed that there was no board representing the name of the firm. He further deposed that no accident took place in his presence. He further deposed that no factory inspector ever visited in the premises in question in his presence.
6. It is matter of record that the two eye witnesses Kailash Page No.3 of 5 FIR No. 577/06 PS Narela U/s. 287/338 IPC Sate Vs. Rakesh Shorey and Hari Narain cited by the prosecution have remained unserved and untraceable despite issuance of summons several times including through concerned DCP office and despite repeated efforts and all other witnesses were formal in nature accordingly, prosecution evidence was closed on 17.10.2014.
7. Since, there is no incriminating evidence, which has come on record against the accused, statement of accused Under Section 313 Cr.P.C. was dispensed with.
8. I have heard the arguments advanced by Ld. APP for the state as well as the Ld. Defence counsel and given my thoughtful consideration to the entire record.
9. In the present matter, the accused has been charged U/s.
287/338 IPC and to convict the accused, the testimony of injured/ eye witnesses was most crucial and material one. But the eye witness Kailash and injured Hari Narain in the present case have remained unserved and untraceable despite repeated efforts. Non-examination of these witnesses is fatal to the prosecution as they were the only witnesses who could have identified the accused before the court and they could have deposed about the rash and negligent act of the accused. In the present case, it is also noteworthy that there is no other eye witness cited by the prosecution. All other witnesses are formal in nature whose no amount of evidence can tantamount to Page No.4 of 5 FIR No. 577/06 PS Narela U/s. 287/338 IPC Sate Vs. Rakesh Shorey conviction of the accused. Hence, in these circumstances, there is not even an iota of evidence on record to connect the accused with the offence for which he has been charged with.
10. Hence, in view of the discussion made above and after scanning the entire evidence, I have no hesitation to hold that the prosecution has miserably failed to prove the present case against the accused. Accordingly, the accused Rakesh Shorey is hereby acquitted of the said offences U/s. 287/338 IPC.
11. File be consigned to Record room after necessary compliance .
(SANDEEP GUPTA) Metropolitan Magistrate Rohini/Delhi Announced in open court today, Dated 05th May, 2015.
Page No.5 of 5 FIR No. 577/06PS Narela U/s. 287/338 IPC Sate Vs. Rakesh Shorey FIR No.577/06 PS Narela U/s. 287/338 IPC Sate Vs. Rakesh Shorey 05.05.2015 Present : Ld. APP for the State.
Accused on bail alongwith Ld. Counsel.
I have heard the arguments and perused the record. Vide separate judgment dictated to the steno in the open court, accused is acquitted of the said offence U/s 287/338 IPC.
Accused is directed to furnish fresh bail bond for a sum of Rs.10,000/- with one surety of like amount in terms of Section 437 A of Cr.P.C.
The same stands furnished and accepted. File be consigned to Record Room, after due compliance.
(Sandeep Gupta) Metropolitan Magistrate Rohini/Delhi Page No.6 of 5