Delhi District Court
State vs . Sujit Singh on 13 May, 2015
IN THE COURT OF SH. AJAY KUMAR MALIK: METROPOLITAN
MAGISTRATE (CENTRAL)-04 TIS HAZARI COURTS, DELHI
State Vs. Sujit Singh
FIR No.: 184/14
U/s: 4(C) DPT & MAT Act 2010
PS: H.N.R.S.
Unique Case ID No. :02401R 0244842015
Date of institution of case :13.01.2015
Date on which case reserved for :13.05.2015
judgment
Date of judgment :13.05.2015
JUDGMENT U/S 4(C) DPT & MAT Act 2010
a)Date of offence :20.11.2014
b)Offence complained of :U/s 4(C) DPT & MAT
Act, 2010
c)Name of accused, his parentage :Sujit Singh
S/o Sh. Surender Singh,
R/o H. No. 624/10, Gali
No. 10, Kailash Puri,
Sagar Pur, Delhi.
d)Plea of accused : Pleaded not guilty
e)Final Order : Convicted
JUDGMENT
FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 1 of 8 BRIEF REASONS FOR THE DECISION OF THE CASE:-
1. The accused Sujit Singh has been sent to face trial with the allegations that on 20.11.2014, at about 06:40PM, at Foot Over Bridge, near Masjid Gate Side, at Hazrat Nizamuddin Railway Station (in short, HNRS), Delhi within the jurisdiction of PS HNRS, accused Sujit Singh attempted to induce/solicit the passengers to provide cheap rated hotel, Auto-rickshaw and site-
seeing at which the passengers were raising their objection. SI Kushal Pal Singh asked the accused to stop such act but accused continued his offence. IO/SI Kushal Pal Singh apprehended the accused and asked 4-5 public persons to join the investigation but they refused by telling their own reasons. On the complaint the FIR for offence punishable u/s 4(C) of Delhi Prevention of Touting and Malpractices Against Tourist Act, 2010 got registered at PS- HNRS, by sending Ct. Rich Pal Singh. During investigation site plan was prepared, accused was arrested and after completion of investigation the charge-sheet U/s 173 Cr.P.C. was filed in the Court.
FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 2 of 8
2. Investigation was carried out and after completion of investigation, charge sheet was filed in the Court. The Court took cognizance of the offence on the charge-sheet filed by the police and proceeded against the accused. In compliance of Section 207 Cr.P.C., a copy of charge sheet along with documents was supplied to accused on his appearance. After hearing the parties, on 12.02.2015 the charges for the offence punishable u/s 4(C) DPT & MAT Act, 2010, were framed against the accused to which he pleaded not guilty and claimed trail.
3. In order to prove its case against the accused, prosecution produced and examined two witnesses. Vide a separate statement dated 13.05.2015, accused admitted the DD entry No.23A, dated 20.11.2014, PS-HNRS as Ex.P1, site plan as Ex.P2 and rukka as Ex.P3. In view of admission of documents by the accused the prosecution dropped PW/SI Kushal Pal Singh from his examination in the Court.
4. In order to prove its case the prosecution got examined two witnesses in total.
FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 3 of 8
5. The prosecution got examined HC Atul Kumar as PW1 who deposed that on 20.11.2014 he was posted at PS- H.N.R.S. as a HC and working as a Duty Officer. His duty hours were from 09:00AM to 09:00PM. On that day at about 07:35PM he received one rukka produced by Ct. Rich Pal sent by SI Kushal Pal Singh. On the basis of the same he registered the present case FIR and proved the same as Ex.PW1/A. PW1 also proved the endorsement on rukka as Ex.PW1/B. PW1 further deposed that after registration of the case he handed over the copy of the FIR and original rukka to Ct. Rich Pal for further handing over to IO/SI Kushal Pal Singh.
6. The prosecution got examined Ct.Rich Pal Singh as PW2 who deposed that on 20.11.2014 he was posted at PS- H.N.R.S. as a Constable. On that day at about 06:30PM, while patrolling he reached at Foot over Bridge, near Masjid Gate Side, H.N.R.S., Delhi, where he met SI Kushal Pal Singh. PW2 further deposed that he along with SI Kushal Pal Singh started patrolling in the area and found that there was a heavy rush of the FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 4 of 8 passengers outside the station and passengers were coming and going there as long route trains were arriving at the station. PW2 further deposed that at about 06:40PM they saw that one person present in the crowd was telling the passengers that he will arrange cheap auto-rickshaw and cheap hotel to them and also make arrangement for site seeing at a cheap rate. The passengers were getting annoyed due to this and they were telling the said person that they do not require his services or anything from him but still he continued the same. PW2 correctly identified the accused in the Court. PW2 further deposed that they apprehended the accused. IO prepared the rukka and handed over to PW2 for registration of case FIR. At which PW2 got the FIR registered and returned back at the spot alongwith copy of FIR and original rukka and same was handed over to IO/SI Kushal Pal Singh. PW2 proved arrest memo as Ex.PW2/A.
7. In view of admissions on the part of accused and at request of Ld. APP PW/SI Kushal Pal Singh is dispensed from his examination in the Court. PE got closed. The prosecution FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 5 of 8 evidence was closed on request of Ld. APP. All the incriminating evidence/circumstances were put to the accused during his statement under section 313 Cr.P.C. He denied all the evidence against him as false and took the plea that he had been falsely implicated in this case, however, he preferred not to lead evidence in their defence.
8. Final arguments heard from both the sides. Record carefully perused.
9. In order to establish charge against the accused, prosecution relies upon the testimonies of PW1/HC Atul Kumar and PW2/Ct. Rich Pal Singh. In their evidence before the Court, they deposed that accused was attempting to induce / solicit the passengers to provide them cheap rate hotel, Auto-rickshaw and cheap rate site-seeing at cheap rates at Hazrat Nizamuddin Railway Station.
10. PW1 specifically deposed in terms of story of prosecution and successfully proved the FIR and endorsement on rukka but accused not cross-examined the PW1and in absence of FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 6 of 8 any cross-examination the testimony of PW1 remained untainted and uncontradicted. It is also observed by this Court that PW2/Ct. Rich Pal Singh specifically deposed regarding spot of offence and refusal by the passengers to assent the offer by accused. PW2 also correctly identified the accused in the Court and seizure of RC of Auto-rickshaw of the accused.
11. It is also observed by this Court that vide a separate statement accused has admitted DD Entry No.23A, dated 20.11.2014 as Ex.P1, site plan as Ex.P2 and rukka as Ex.P3. The facts admitted by the accused need not to be proved by the prosecution. The admission of the site plan by the accused as Ex.P2 corroborates the testimony of PW2 regarding specification of spot of offence and presence of accused at the spot.
12. In view of above observation this Court is of considered opinion that the prosecution has successfully proved its case beyond reasonable doubts and admissions on the part of the accused vide his separate statement dated 13.05.2015 the accused has given the additional weightage to the evidence of the FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 7 of 8 prosecution. Hence, accused Sujit Singh is convicted for the offence U/s 4(C) of Delhi Prevention of Touting and Malpractices Against Tourist Act, 2010.
Announced in the open Court (Ajay Kumar Malik) on this 13th Day of May, 2015 MM (Central)-04/THC/Delhi 13.05.2015 FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 8 of 8 FIR No. 184/14 PS: HNRS 13.05.2015 Present : Ld. APP for the State.
Accused - Sujit Singh in person.
HC Atul Sharma and Ct. Rich Pal Singh as PWs. PW1 and PW2 examined and discharged.
Vide separate statement, accused admitted certain documents. Now, P.E. stands closed. Statement of accused U/s 313 Cr. P.C. recorded separately in which accused wished not to lead D.E. Final arguments heard from both the sides. Vide separate judgment of even date, accused -
Sujit Singh is convicted to the offence punishable U/s 4(C)( DPT & MAT Act 2010.
Matter is adjourned for orders on the quantum of sentence on 14.05.2015.
(AJAY KUMAR MALIK) MM (Central)-04/NEW DELHI 13.05.2015 FIR No. 184/14, PS- HNRS State vs. Sujit Singh Page No. 9 of 8