Delhi District Court
State vs Poonam Aggarwal on 4 October, 2025
1
IN THE COURT OF SH. SAURABH GOYAL, JMFC-01, SOUTH WEST
DISTRICT DWARKA COURTS, DELHI
State Vs. : Poonam Aggarwal
E FIR No : 259/2019
U/s : 452/324/323/506 IPC
P.S. : PALAM VILLAGE
CNR NO. : DLSW020490372019
1. Criminal Case No. : 16173/2019
2. Date of commission of offence : 04.07.2019
3. Date of institution of the case : 18.09.2019
4. Name of the complainant : Ms. Tina Aggarwal
5. Name of accused & parentage : Poonam Aggarwal W/o Sh. Khem
Chand
6. Offence complained or proved : U/S 452/324/323/506 IPC
7. Plea of the accused : Pleaded not guilty
8. Date on which order was reserved : 11.09.2025
9. Final order : Acquittal
10. Date of final order : 04.10.2025
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Present : Sh. Sudhanshu Saini Ld. APP for state.
Accused in person with Ld. LAC Sh. Arvind Aggarwal.
FIR NO. 259/2019 St. Vs. Poonam Aggarwal
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JUDGMENT
1. Vide this judgment, I seek to dispose of the case of the prosecution filed against the accused Poonam Aggarwal W/o Sh. Khem Chand for having committed the offence punishable U/S 452/324/323/506 of Indian Penal Code, 1861 (hereinafter referred as "IPC").
2. Briefly stated, accused person is facing trial for offence U/S 452/324/323/506 IPC with the allegations that on 04.07.2019 at time not known at property WZ - 495, Raj Nagar, Nirankari Bhavan Wali Gali within the jurisdiction of PS Palam Village, accused committed criminal trespass by entering into the aforesaid property of Bhawani Shankar Aggarwal having made preparation or causing hurt to or assaulting or wrongfully restraining the Bhawani Shankar Aggarwal and his daughters Tina (complainant) and Lalita and thereby accused committed offence punishable u/s 452 IPC. Further, accused voluntarily attacked Lalita D/o Sh. Bhawani Shankar Aggarwal with bricks and bite her on left hand therefore, committed an offence punishable u/s 324 IPC. Thirdly, accused also voluntarily attacked Tina D/o Sh. Bhawani Shankar Aggarwal and thereby she committed an offence punishable u/s 323 IPC. Accused also criminally intimidated Bhawani Shankar and his daughter Tina and Lalita with threatening to kill them and to implicate Bhawani Shankar in false rape case and therefore, she also committed offence punishable u/s 506 IPC.
FIR NO. 259/2019 St. Vs. Poonam Aggarwal 3
3. Cognizance of the offence was taken and the accused was summoned by my Ld. Predecessor vide order dated 18.09.2019 and upon hearing arguments, charge was framed against accused for commission of offence U/S 452/324/323/506 on 02.11.2019.
4. In order to prove the guilt of accused, the prosecution examined following ten witnesses:
Sh. Bhwani Shankar Aggarwal, complainant in the present case, as PW-1; Mrs. Teena Aggarwal, as PW-2;
Ms. Lalita as PW-3;
W/Ct. Amita, as PW-4;
W/HC Manoj as PW 5;
ASI Shyam Sunder, No. 386/W as PW-6; Dr. Sanjay, Sr. Medical Officer, Ambedkar Nagar Hospital, Dakshin Puri, New Delhi as PW-7;
SI Om Bir Singh, No. 306/SW, PS Kishan Garh as PW-8; HC Manoj Kumar, No. 2692/PCR as PW-9; SI Saroj Yadav, No. D-584, PS IGI Airport as PW-10;
5. PW-1 Sh. Bhawani Shankar Aggarwal S/o Late Sh. Madan Lal, aged about 58 years, R/o RZ-162C, B37 Sadh Nagar, Gali No.1, Palam Colony, New Delhi deposed that he is residing at the aforesaid address along with his family consisting of him, his wife, his daughter Lalita and son Naveen. He has another daughter namely Teena FIR NO. 259/2019 St. Vs. Poonam Aggarwal 4 who is married and visit their house often. The incident in question occurred on 04.07.2019 at about 11:00 am to 12:00 noon at WZ-495, Raj Nagar-1, Hans Medical Store wali gali. Palam Colony, New Delhi. At the aforesaid address he has a shop. At the time of incident repairing work was underway at his aforesaid shop and his daughter were inside the shop and he along with his daughter Lalita was present outside. At the aforesaid time accused Poonam who is correctly identified by the witness, came to their shop and first pushed his daughter Lalita and thereafter entered inside the shop and started giving beating to his daughter Teena and kicked her. When his daughter Lalita went inside the shop and tried to rescue his daughter Teena, accused attacked his daughter Lalita with brick on her stomach and gave teeth bite on the left hand of Lalita. When he tried to make accused understand and asked her about the reason of her behavior and what wrong they had done with accused, accused became agitated and said that she would falsely implicate him in a rape case. At the time of incident his daughter Tina was pregnant. Thereafter, Lalita had made a 100 number call and police official came at the spot and she was taken to the hospital for medical examination. The name of the accused was revealed as Poonam Aggarwal. Further Bhawani Shankar Aggarwal deposed that he has brought the property documents of property bearing No. WZ-495, Raj Nagar Part-1, Hans Medical Store Wali Gali, Palam Colony, New Delhi and the same documents are Ex. P1 (colly) (OSR). The said property is in the name of his wife Smt. Bimla Aggarwal. He has attested the said documents as witness and the same bears his signatures at point X. FIR NO. 259/2019 St. Vs. Poonam Aggarwal 5
6. PW-2 Mrs. Teena Aggarwal W/o Sh. Gaurav Kumar R/o C-1A, Block C, Om Vihar, Uttam Nagar, New Delhi-110059 has deposed that she is residing at the above said address alongwith her family after her marriage. They are three sisters namely Mahima, Lalita and herself and one brother Naveen Kumar. Her father's name is Sh. Bhawani Shankar Aggarwal. Her father is a businessman and runs a shop. They also have one more shop at WZ-495, Raj Nagar Part-1, Palam Colony, New Delhi. The incident in question occurred on 04.07.2019 in the intervening period of 11 am-12 noon at the aforesaid shop of WZ-495, Raj Nagar Part-1, Palam Colony, New Delhi. At the time of the incident some repair work was undergoing at the said shop and she was visiting the said shop alongwith her father and her sister Lalita. At the time of the incident, she was present inside the shop and her father and her sister were present outside the shop. Accused Poonam Aggarwal who was present in the Court (correctly identified by the witness) came to their shop and initially pushed her sister Lalita and thereafter she barged into the shop and pushed her and kick her. When her sister Lalita intervened for rescuing her, accused hit her sister Lalita with a brick on her stomach and when Lalita caught hold of her hand accused gave a teeth bite on the hand of Lalita. At the time of the incident, she was pregnant. When her father tried to make accused understand and asked her about her behaviour, accused threatened him by saying that she would falsely implicated him in a rape case. They were told by the local people that accused is in the habit of grabbing property and filing false rape cases against the people. Thereafter, Lalita made a call at 100 number and police FIR NO. 259/2019 St. Vs. Poonam Aggarwal 6 official reached at the spot. Her complaint to the police is Ex. PW2/A. She also shown the place of the incident to the police official and the site plan is Ex. PW2/B.
7. PW-3 Ms. Lalita D/o Sh. Bhawani Shankar Aggarwal R/o RZ162, C/B 37, Gali No.1, Palam Colony, New Delhi has deposed that she is residing at the above said address along with her family after her marriage. They are three sisters namely Mahima, Teena and herself and one brother Naveen Kumar. Her father's name is Sh. Bhawani Shankar Aggarwal. Her father is a businessman and runs a shop. They also have one more shop at WZ-495, Raj Nagar Part-1, Palam Colony, New Delhi. The incident in question occurred on 04.07.2019, her sister Teena had come to her parental house, after 12 noon at the aforesaid shop of WZ-495, Raj Nagar Part-1, Palam Colony, New Delhi. At the time of the incident some repair work was undergoing at the said shop and she was visiting the said shop alongwith her father and her sister Teena. Accused Poonam Aggarwal who was correctly identified by the witness in the court, came to their shop and initially pushed her sister Teena and thereafter she barged into the shop and pushed her sister and kick her. When she intervened between them, the accused Poonam Aggarwal also started beating her. She kicked her sister on her stomach, due to which, her sister fell down on the ground. When she went to help her sister from the accused Poonam Aggarwal, accused hit her with a brick on her stomach. Accused also gave a teeth bite on her left hand. Thereafter, her father pleaded the accused for not creating ruckus and also asked why she is doing this to them. On which, the accused started threatening her father that she would falsely implicate her father in false case. Also threatened to kill her father.
FIR NO. 259/2019 St. Vs. Poonam Aggarwal 7 Thereafter, police arrived after making call to them after half and hour of the incident. Thereafter, she went to the DDU hospital for medical treatment and the MLC is there on the judicial record. On the next day of the incident, police recorded her statement. The photographs of the under construction shop of her father where the incident took place is Ex. PW3X and Ex. PW3X1. She gave written complaint to the SHO concerned which is Ex. PW3/A.
8. PW- 10 SI Saroj Yadav No. D584, PS IGI Airport, New Delhi deposed that on 04.07.2019 she was posted as SI at PS Palam Village. On that day, she received DD NO. 71 A and after receiving the same she along with Ct. Mohan reached at the spot i.e. Medical Wali Gali, Raj Nagar 1, Palam Colony, where she met with Poonam Aggarwal, Tina, Lalita and Bhawani Shankar and where she also came to know that the dispute was regarding some property. At the spot ASI Shyam Sunder along with Ct. Manoj were already there regarding NO. 43 A and 58 A. She made interrogation and called lady constables Amita and Manoj at the spot. Thereafter, she sent Poonam Aggarwal and Lalita for their medical treatment through Ct. Amita and Lady Ct. Manoj. Thereafter, she along with Ct. Mohan came back to the PS. After some time after their medical examination, they all came back to the Police Station and handed over to her the MLC of both Poonam and Aggarwal. Ms. Tina gave her a written complaint Ex. PW2/A, on the basis of which she prepared the rukka Ex. PW10/A and and got the present case FIR registered through DO and further investigation was marked to ASI Shyam Sundar and she handed over all the documents to the ASI Shyam Sundar and her statement U/s 161 Cr.P.C was recorded by the IO.
FIR NO. 259/2019 St. Vs. Poonam Aggarwal 8
9. PW-6 ASI Shyam Sunder No. 386 West, DCP Office, Janak Puri, New Delhi is the IO of this case. He deposed that on 05.07.2019, he was posted as ASI at PS Palam Village. On that day after registration of present case FIR, further investigation of the present case was marked to him. He along with the complainant went to the spot and prepared site plan Ex. PW2/B. Thereafter, on 23.07.2019 he formally arrested the accused Poonam vide memo Ex. PW6/A. W/Ct Bharti conducted her personal search and he prepared her personal search memo Ex. PW6/B. He also recorded disclosure statement of accused vide Ex. PW6/C. Accused Poonam was correctly identified by witness in the court. During investigation he also recorded statement U/s 161 Cr.P.C. and after completion of the chargesheet he filed the same before the court.
10. PW-4 W/Ct. Amita No. 2290 SW, Dossier Cell, South West, Delhi Cantt. deposed that on 04.07.2019 she was posted as constable at PS Palam Village. On that day she joined the investigation of the present case along with SI Saroj and W/Ct. Manoj went to the spot i.e. WZ-495A, Hans Medical Wali Gali, Pillar No. 61, Raj Nagar Palam New Delhi where SI Saroj directed her and women Ct. Manoj to take the victims Poonam, Tina and Lalita to DDU hospital, thus, they both took them to DDU Hospital and got conducted the MLC of all these victims.
11. PW-5 W/HC Manoj No. 2537DW, PS Chhawla, New Delhi has deposed that on 04.07.2019 she was posted as constable at PS Palam Village. On that day she joined the investigation of the present case along with SI Saroj and W/Ct. Amita went to the spot i.e. WZ-495A, Hans Medical Wali Gali, Pillar No. 61, Raj Nagar Palam FIR NO. 259/2019 St. Vs. Poonam Aggarwal 9 New Delhi where SI Saroj directed her and women Ct. Amita to take the victims Poonam, Tina and Lalita to DDU hospital, thus, they both took them to DDU Hospital and got conducted the MLC of all these victims.
12. PW-7 Dr. Sanjay, Sr. Medical Officer, Ambedkar Nagar Hospital, Dakshin Puri, New Delhi 110062 has deposed that on 04.07.2019 he was posted as Casualty Medical Officer, DDU Hospital, Hari Nagar, New Delhi. On that day patient namely Smt. Lalita was brought to the casualty in aforesaid hospital and Dr. Kaushal Chakma, the then JR under his Supervision examined her and has prepared MLC bearing No. 9620 i.c. Ex. PW7/A bearing the name and Stamp of Dr. Kaushal Chakma at point A and my name as CMO at point B. Dr. Kaushal Chakma had worked in aforesaid hospital and he had seen him writing and signing the documents during the course of our working thus, he can identify the signatures and hand writing of doctor Dr. Kaushal Chakma.
13. PW-8 SI Om Bir Singh No. 306/SW PS Kishan Garh, New Delhi has deposed that on 05.07.2019, he was posted as ASI /DO at PS Palam village. On that day he made his endorsement Ex. PW8/A upon the Tehrir/Rukka sent by WSI Saroj and he got the present case FIR registered. He has brought the original FIR Register vide which the FIR was registered. The said FIR Ex. PW/8/B.
14. PW-9 HC Manoj Kumar No. 2692 PCR South Zone, New Delhi has deposed that on 05.07.2019, he was posted as Ct at PS Palam village. On that day he joined further investigation of the present case with ASI Shyam Sunder and he along with FIR NO. 259/2019 St. Vs. Poonam Aggarwal 10 W/Ct. Amita took Poonam and Lalita to DDU Hospital for their medical examination and he collected the MLC which he handed over to the IO of the present case. Accused Poonam was correctly identified by witness.
15. After examination of all prosecution witnesses, at the request of Ld. APP, PE was closed on 07.04.2025. Thereafter, statement of the accused was recorded on 01.08.2025 U/S 313 Code of Criminal Procedure, 1973 ("Cr.P.C") wherein he denied the allegations and claimed his false implication in the present case. She appeared herself as DW-1 wherein she stated that she is residing in Delhi since, 1990 after her marriage and the present case is false and bogus against her. She has further stated that on the same day, GD No. 071 A dt. 04.07.2019 records that the caller has informed that property dealer ka "lady ke sath jhagra" and thereafter GD No. 58A dt. 04.07.2019 records that "caller ka saman kal kisi ne utha liya tha jo aaj kisi kabadi ki dhukan par mil gya hai, need help" and further GD No. 043 A dt. 04.07.2019 records that "2 admi caller lady ke ghar se saman utha le gaye hai". Nowhere name of the accused is be mentioned in the said GD entry. Further, MLC of the complainant Tina was not conducted. It is evident from the record the present complaint by the complainant written in the PS Palam Village itself suggest that it is false, motivated and frivolous. She has nothing to do with the present crime and crime scene. She was not present at the spot at the time of alleged incident occurred. Later she came to know that both complainant and victim are daughter of Bhawani Shankar who is the accused in FIR No. 258/2019 dt. 05.07.2019 registered based on the complaint made by her regarding the incident on 30.06.2019 and filed by her against him. Copy of the FIR NO. 259/2019 St. Vs. Poonam Aggarwal 11 same is now exhibited DW-1/1 and the present case is for pressurizing to withdraw FIR case 258/2019 and to extort money.
16. The Ld. APP urged that testimony of material witnesses have remained unchallenged in the cross-examination and there is no reason to doubt their testimonies. The Ld. Counsels for the accused persons, on the other hand, argued that there is no evidence against the accused. It is further argued that the prosecution has not been able to prove the guilt of the accused persons beyond reasonable doubt. Hence, benefit of doubt must be given to the accused persons. I have heard the Ld. APP and Ld. defence counsel and have perused the case file.
CULPABILITY FOR THE OFFENCE PUNISHABLE U/S 323/324/452/506 IPC
17. Therefore, after going through the evidence and circumstances of the case, it emerges that after the receipt of DD number 71A by the PS Palam Village, SI Saroj Yadav/PW-10 went to the spot along with Ct. Mohan where he met accused Poonam Agarwal, Tina, Lalita and Bhawani Shankar, where she came to know that there was a dispute regarding some property. It is further stated that when she reached at this spot then ASI Shyam Sunder/PW6 along with Ct. Manoj/PW9 were already there regarding DD number 43A and 58A. She enquired at the spot and called W/Ct. Amita/PW4 and W/HC Manoj/PW5. She sent accused Poonam and Lalita for medical treatment alongwith PW4 and PW5. She further deposed that she along with Ct. Manoj/PW9 came back to the Police Station and PW4 and PW5 came back to PS with accused and handed over the MLC of victim Lalita and of accused Poonam. It is FIR NO. 259/2019 St. Vs. Poonam Aggarwal 12 further stated that Ms. Tina gave the complaint EX. PW2/A upon which she made the endorsement and sent the Rukka PW 10/A for registration of the FIR and ASI Shyam Sunder was appointed as IO and she handed over all the papers to her.
18. ASI Shyam Sunder /PW6 has deposed that on 05.07.2019 when he was posted as ASI in PS Palam Villlage, after assigning of this case to him, he along with complainant went to the spot and prepared the site plan EX. PW2/B and on 23.07.2019, he formally arrested accused Poonam vide arrest memo, EX. PW6/A and conducted her personal search through W/Ct. Bharti and prepared the search memo, EX. PW6/B and also recorded the disclosure statement of the accused Poonam EX. PW6/C. He also recorded the statement of the witnesses.
19. Testimony of HC Manoj Kumar/PW9 is formal in nature, who took accused poonam and victim, Lalita to the hospital with W/Ct. Amita/PW4 and after examination, he handed over MLC of Poonam and Lalitha to the IO. PW4 W/Ct. Amita has also corroborated the testimony of PW-9.
20. In order to prove the MLC of victim Lalita, the prosecution produced, Dr Sanjay, Senior Medical Officer as PW7, who testified the MLC of Lalita as EX. PW7/A, however, he has admitted in his cross-examination that the possibility of injuries mentioned in the MLC by self implication cannot be ruled out.
21. The testimony of SI Ombir Singh/PW8 is also formal in nature who on 05.07.2019 made endorsement EX PW8/B upon the Rukka and got the present FIR Ex. PW 8/B registered.
FIR NO. 259/2019 St. Vs. Poonam Aggarwal 13
22. Now, coming to the remaining witnesses, the prosecution has produced Bhawani Shankar as PW1, Tina as PW2, and Ms. Lalita as PW3 and all these three aforementioned witnesses have been projected by the prosecution as Eye witnesses of the occurrence. It is to be seen as to whether their testimony is worth relying upon so as to sustain the charge against the accused for the commission of offence charged with. However, all these testimonies appear to be made to implicate the accused falsely. The prosecution has produced Bhawani Shankar Aggarwal as PW1, who is the father of victim Lalita. As per his deposition, during the occurrence on 04.07.2019, at about 11 AM to 12 noon, he was present at his shop situated at WZ 495, Rajnagar-I, Hans Medical Store wali Gali, Palam colony, New Delhi, and his one daughter Tina/PW2 was inside the shop where repair work was undergoing and he along with another daughter, Lalita/PW3 were outside the shop, and in the meantime, one lady accused Poonam who was correctly identified by all the witnesses in the court, came to the shop and pushed his daughter Lalita and entered inside the shop and started giving beatings to his daughter, Tina and also kicked her. When his daughter PW3/Lalita went inside the shop to rescue Tina/PW2 then accused Poonam attacked his daughter Lalita with brick on her stomach and gave teeth bite on left hand of Lalita. When he tried to settle the matter, then accused became agitated and said that she would falsely implicate him in a rape case. As per his deposition, at the time of occurrence, his daughter, Tina was pregnant, and in the meantime, Lalita made a call at 100 number and called the police. The police reached at the spot and she was taken for medical examination. He has further stated that FIR NO. 259/2019 St. Vs. Poonam Aggarwal 14 name of the accused was revealed as Poonam Aggarwal later-on. He has produced the property document EX. P1 (colly) pertaining to property number WZ 495, part one, Rajnagar part I, Hans medical Valley Gali, Palam Village, New Delhi, which was in the name of his wife, Bimla Aggarwal, and the said document bears his signature as one of the attesting witness.
23. However he has pleaded ignorance as to whether any neighbour was examined by the IO or not. He has also admitted that the police officials did not check about the CCTV cameras installed around the spot. To substantiate further, the prosecution has produced Tina Aggarwal as PW2 who stated that on 04.07.2019, at around 11 a.m. to 12 noon, they were present at the shop number WZ 495, Rajnagar-I, Palam Village, New Delhi, where some repair work was undergoing. As per her deposition, at the time of occurrence, she was present inside the shop, whereas her father and sister were present outside the shop and accused Poonam. (correctly identified in the court by the witness) came inside the shop and pushed her sister Lalita and barged into the shop and pushed her and also kicked her. When her sister Lalita intervened to rescue her, then the accused hit her sister Lalita with a brick on her stomach, and when Lalita got hold of the hand of accused Poonam, then accused Poonam gave a teeth bite on the hand of Lalita. When her father tried to settle the matter, then accused threatened her father by saying that she would implicate her father falsely in a rape case. She has further stated that the local people disclosed that the accused was in the habit of grabbing property and filing false rape case and she called the police on 100 number and the police reached at the spot and she gave complaint PW2/A to the FIR NO. 259/2019 St. Vs. Poonam Aggarwal 15 police and also showed the place of occurrence and the police official prepared the site plan of the occurrence, EX. PW2/B.
24. The prosecution has produced Lalita as PW3 who is the injured eyewitness. As per her deposition they have got one more shop bearing number WZ 495, Rajnagar -I, Palam colony, New Delhi, where incident took place on 04.07.2019, when she along with her sister Tina /PW2 were present, and some repair work was undergoing in her said shop. She has stated that accused Poonam came to the shop and pushed her sister Tina, and thereafter she barged into the shop and pushed and kicked her sister Tina, and when she tried to rescue her, then accused Poonam started beating her. She has stated that the accused gave a kick below the stomach of her sister Tina who fell down, and when she tried to rescue her, then accused Poonam gave a brick below on her stomach and gave her teeth bite on her left hand. When her father tried to rescue them, then accused Poonam threatened to implicate her father falsely in a rape case and that she also extended threats to kill her father.
25. It is further stated that Lalita gave a call on 100 number, Police also reached at the spot and she was taken to DDU hospital for medical treatment where MLC was conducted, and her treatment was started on the next date. She has identified the photographs of the shop where construction work was going on as EX. PW3/X and PW-3/X1 and she has given the complaint as EX. PW3/A.
26. However, in her cross-examination, she has admitted that at the time of occurrence, two labourers were present in the shop. There is nothing on the file as to FIR NO. 259/2019 St. Vs. Poonam Aggarwal 16 why the investigating agency has not recorded their statement. The IO has not even mentioned about their presence in the shop at the time of occurrence.
27. She has also pleaded ignorance as to whether the accused had property adjacent to their shop and has also admitted that the police did not record the statement of the labourers. She has also pleaded ignorance as to whether any site plan was prepared by the police.
28. However, after going through the testimony of PW1, Bhawani Shankar, PW2, Tina and PW3 Lalita, it emerges that all the three have stated that the accused had threatened to implicate Bhawani Shankar/PW1 in a false rape case. It is pertinent to mention here that the aforestated occurrence had taken place on 04.07.2019, and the FIR was recorded on 05.07.2019. However, it has come in evidence from the testimony of PW 10/SI Saroj Yadav, who had investigated the case FIR No. 258/2019, PS Palam Village U/S 376D, 323, 356, 452 IPC and during the testimony of accused when she appeared as DW-1 that the case has been registered against the father of the complainant, Bhawani Shankar/PW1 prior to the present alleged occurrence. Therefore, it is evident that the FIR 258/19 has been got recorded by the accused Poonam against the father of the complainant regarding the commission of rape upon her. Therefore, the testimony of PW1, PW2 and PW3 is motivated and inspires no confidence because all the three related /interested witnesses have stated that the accused threatened them to implicate his father Bhawani Shankar PW1 in a false rape case despite the fact that rape case had already been registered prior to the FIR NO. 259/2019 St. Vs. Poonam Aggarwal 17 aforementioned incident and as such the allegation that the accused threatened PW1, father of PW2 and PW3 to implicate falsely in a rape case is totally devoid of merit and inspires no confidence as the rape case had already been registered against PW1. As such, the testimony of PW1, PW2 and PW3 is liable to be discarded and the deposition of accused DW1 substantiates the defence taken by the accused at the time of recording of her statement u/s 313 CrPC. From the testimony of accused DW1 it emerges that she has specifically taken the stance that GD No. 071 A dt. 04.07.2019 records that the caller has informed that property dealer ka "lady ke sath jhagra" and thereafter GD No. 58A dt. 04.07.2019 records that "caller ka saman kal kisi ne utha liya tha jo aaj kisi kabadi ki dhukan par mil gya hai, need help" and further GD No. 043 A dt. 04.07.2019 records that "2 admi caller lady ke ghar se saman utha le gaye hai".
29. In none of the GD's recorded on the day of the occurrence, the incident regarding beating caused to victim Lalita has not been mentioned. The testimony of accused Poonam/DW1 logically leads to an inference that the complaint filed by the complainant Tina/PW-2 was subsequent to the FIR No. 258/19 dated 05.07.2016 relating to the incident on 30.06.2019 regarding which complaint was already recorded by DW 1 on 30.06.2019. Therefore, it seems that the testimony of PW1, PW2 and PW3 is motivated with a view to pressurise the accused Poonam who is the complainant in the FIR No. 258/19 and the testimony of PW2 and PW3 are interested testimonies and inspire no confidence to sustain the charges against the accused.
FIR NO. 259/2019 St. Vs. Poonam Aggarwal 18 Further, there is no word spoken by PW-1, PW-2 or PW-3 as to why the accused Poonam would cause harm to them.
30. Ordinarily, when there is direct evidence against the accused, such an evidence cannot be discarded or rendered disbelieveable in certain, amongst other, circumstances that firstly, when the evidence itself is inherently improbable and cannot be acted upon with conviction; secondly, when some facts have been elicited in the cross-examination which renders the culpability of the accused as improbable; thirdly, when evidence suffers from severe exaggeration vis-à-vis a previous statement rendering the evidence as fabricated. It is a settled position of law when there are minor discrepancies, minor contradictions, inconsistencies, embellishments or improvements on trivial matters without affecting the core of the prosecution case, it should not be made a ground to reject the evidence in it's entirety. However, in the present case, as already discussed above, there are material inconsistencies in the statement of PW-1, PW-2 and PW-3 as they all have stated that the accused Poonam Aggarwal attacked them and threatened them to implicate Bhawani Shankar PW-1 in a false rape case. However, the complaint for the rape case committed upon the accused Poonam Aggarwal was already made by her on 30.06.2019 and as such, their testimonies are contrary to the facts on record. At the same time, in none of the calls made to the PCR, the incident regarding attack and threats by the accused have been mentioned by the complainant and the version given by the witnesses in the Court is different in material particulars from that disclosed in their intimation on 100 number to the police. Thus, considering such material infirmities and FIR NO. 259/2019 St. Vs. Poonam Aggarwal 19 contradictions in the statement of the injured witnesses, the story propounded by the prosecution cannot be relied upon unless the same is corroborated by independent witnesses in material particular, specifically keeping in view the previous conduct between the parties especially regarding the henious offence for which separate FIR No. 258/2019 PS Palam Village, was also registered.
31. In view of the above facts and circumstances, discussion made above and keeping in view the testimony of the key witnesses, this court is of the considered opinion that the offences have not been proved beyond reasonable doubts by the prosecution and thus, the accused cannot be held guilty. Therefore, in view of the above discussion and finding, the accused Poonam Aggarwal stands acquitted for the offence punishable U/S 452/324/323/506 IPC.
32. Case file be consigned to record room after due compliance.
Digitally signed by
SAURABH SAURABH GOYAL
GOYAL Date: 2025.10.04
15:21:04 +0530
Announced in the open court on (Saurabh Goyal)
this day i.e. 04th October, 2025 JMFC-01 South West District, Dwarka,
New Delhi
It is certified that this judgment contains 19 pages and each page bears my Digitally signed by signatures. SAURABH SAURABH GOYAL GOYAL Date: 2025.10.04 15:21:09 +0530 (Saurabh Goyal) JMFC-01 South West District, Dwarka, New Delhi FIR NO. 259/2019 St. Vs. Poonam Aggarwal