Delhi District Court
Sc No. 202/13 State vs Vijay Etc. Page No. 1 Of 9 on 17 December, 2014
IN THE COURT OF ADDITIONAL SESSIONS JUDGE01 : SED:
DESIGNATED JUDGE: TADA/POTA/MCOCA/POCSO:
SAKET COURTS: NEW DELHI
PRESIDED BY : MS. RENU BHATNAGAR
IN THE MATTER OF
CASE ID NO. 02406R0322742013
SESSIONS CASE NO. 202/13
FIR NO. 157/13
POLICE STATION : LODHI COLONY
UNDER SECTION : 354D(1) IPC & 12 POCSO ACT
STATE
VERSUS
1. VIJAY
S/O SH. SONA RAM
R/O S134/414, HARIJAN CAMP, LODHI COLONY,
LODHI ROAD, NEW DELHI.
2. JAIVIR
S/O SH. SONA RAM
R/O S134/414, HARIJAN CAMP, LODHI COLONY,
LODHI ROAD, NEW DELHI.
3. VIPIN
S/O SH. RAMVIR,
R/OS134/9, HARIJAN CAMP, LODHI COLONY,
LODHI ROAD, NEW DELHI.
DATE OF INSTITUTION : 19.11.2013.
DATE OF RESERVING ORDER : 17.12.2014.
DATE OF DECISION : 17.12.2014.
SC No. 202/13 State Vs Vijay etc. Page No. 1 of 9
J U D G M E N T
Case of Prosecution:
1. Brief facts of case of the prosecution are that on 03.10.2013 SI Devi Dayal after receiving DD No. 46A along with Ct. Minto reached at Petrol Pump, Dayal Singh College, met complainant 'R' (name withheld to keep her identity confidential) who produced accused Vipin, Jaiveer and Vijay and she(complainant 'R') made her statement that she is studying in class 12th in Guru Harkishan Public School, Patiala House Court, New Delhi and goes for tuition at Lodhi Colony Meharchand Market. She used to come for tuition with her friend Akshay Arora and whenever they used to have momos at Meharchand Market, Lodhi Road one boy used to stare her, whose name she later came to know as Vipin, but she ignored the same. On 03.10.2013 at around 8.30 PM she along with her classmate Akshay Arora after attending tuition were going from Market to Sujan Singh. At that time three boys sitting in Zen Car bearing No. DL 6CC 3078 Zen chased them. She noted down the number of the car and informed her friend who informed her cousin Zohaib. In the meantime, she went to her home. Her cousin along with his friends searched for the car who found Zen Car bearing No. DL 6CC 3078 stationed for fueling on the petrol pump near Dayal Singh College. His friend took out the key of the car. Prosecutrix 'R' was informed and she along with his father came there. Those three boys threatened her.
Thereafter, on the statement of complainant, case was registered. At the instance of complainant 'R', site plan was prepared. Accused persons were arrested. As the prosecutrix 'R' was found to be of 17 years 6 months, SC No. 202/13 State Vs Vijay etc. Page No. 2 of 9 Section 12 of POCSO Act was added in the charge sheet. Statement of prosecutrix under Section 164 Cr.P.C were got recorded by the police. Thereafter, statement of witnesses were got recorded by the Investigating officer and after completion of investigation, charge sheet under Section 354D(1), 506/509/34 IPC & 12 POCSO Act was filed against the accused persons in the court.
Charge against the accused persons:
2. Prima facie case under Section 12 of POCSO Act, 354D(1) IPC & Section 506 IPC r.w. Section 34 IPC was made out against the accused persons. Charge under Section 12 of POCSO Act, 354D(1) IPC & Section 506 IPC r.w. Section 34 IPC was framed upon the accused persons to which they pleaded not guilty and claimed trial. Witnesses Examined:
3. In support of its case, prosecution has examined six witnesses in all. The brief summary of the deposition of the prosecution witnesses is as under:
4. PW1 is Sh. Islam Khan who had deposed that her daughter/ prosecutrix 'R' was studying in 12th class at Guru Harkishan Public School near India Gate. She used to go at Meharchand Market, Lodhi Complex to take tuitions. On 03.10.2013 her daughter 'R' had told him that while she was returning with her friend Akshay Arora from tuitions she was teased by three boys at bus stand and when she boarded in the DTC, the three boys started chasing her in Maruti Zen Car and started making vulgar/obscene gestures towards her. His daughter also told him that she made call to her cousin namely Zohaib and told him about the SC No. 202/13 State Vs Vijay etc. Page No. 3 of 9 incident. Zohaib called the police with the registration number of the Maruti Zen Car. Police apprehended the car with the boys at Dayal Singh College. Zohaib also reached there and the three boys were sitting in the Maruti car started quarreling with Zohaib. Zohaib made call to prosecutrix 'R' and asked her to come there with her father. When they reached at Dayal Singh College Petrol Pump, police was already there. All the three boys threatened his daughter that they had only teased her and can also kidnap her. Three boys were identified by the prosecutrix 'R' and were arrested by the police. He stated that the said three boys are not present in the court. Registration number of the Maruti Zen Car DL 6CC 3078 and the photographs of the Maruti Zen Car (white colour) lying on the spot is Ex.PW1A (collectively) duly identified by the witness. Identity of the Maruti Zen Car is not disputed and is Ex.P1. Ld. Addl. PP for the state cross examined the witness on the point of identity of the accused persons but nothing material has come on the record.
5. PW2 is prosecutrix 'R' herself who had deposed that she was studying in Guru Harkishan Public School near Patiala House in Class 12th in the year 2013. She used to go to Meharchand Market for taking tuition. On 03.10.2013 when she was coming back from her tuition along with her friend Akshay Arora, she found one boy standing in front of her at some distance winking towards her. She ignored the same and went to the bus stop K.V at Meharchand Market. She found that said boy who was winking towards her was sitting along with two other boys in a car make Zen at bus stop at the other side of the road. Seeing them, those boys took a Uturn in their car and came near the bus stop K.V and started playing music in the car at a high pitch. They were staring her.
SC No. 202/13 State Vs Vijay etc. Page No. 4 of 9She boarded the bus along with her friend but those boys started chasing the bus in their car. She deboarded the bus at her stop and ran towards her house. When she was travelling she asked her friend Akshay to note down the number of the car and also rang up her cousin Zohaib Sheikh who was residing near her house. At that time, she received a call from her cousin that he can locate those boys at the petrol pump of Jawaharlal Nehru Stadium. He also informed her that those boys were quarreling with him and that he has called the police. She informed her father and they both went to Petrol Pump. After reaching there, those boys started misbehaving with her father also and stated to them "abhi toh sirf dekh rahe thai hum to kidnap karne aaye thai" and also further stated "kab tak hume band rakhoge, kabhi toh bahar aayenge hi. Ya to iska face kharab kar denge ya phir isko kidnap kar lenge". Police apprehended them and thereafter arrested them. She had shown the spot to the police. Her statement was recorded by the police which is Ex.PW2/A. Site plan was prepared in her presence which is Ex.PW2/B. Arrest memos Ex.PW2/C to Ex.PW2/E were duly identified by the witness. She stated that she does not know the name of those boys nor she know the car number in which they were chasing her. She has duly identified her signatures on the statement Ex.PW2/F made before the magistrate. Witness has not identified all the three accused persons in the court. Ld. Addl. PP had cross examined the witness on the point of identification of the accused persons but nothing incriminating has come.
6. PW3 is Sh. Akshay Arora who had deposed that last year he was taking tuition in Meharchand Market, Lodhi Colony. His classmate 'R' /prosecutrix also used to go to take tuition with him. They used to SC No. 202/13 State Vs Vijay etc. Page No. 5 of 9 take bus and sometime used to take momos in the market. He saw that some person in a vehicle used to chase the prosecutrix 'R'. He stated that he does not remember the date of incident but on the date of incident one car came in the market where they were having momos. He was with prosecutrix 'R'. Thereafter they boarded the bus. The aforesaid car chased them till the place where they used to get down from the bus. He left prosecutrix 'R' to her house and went to his house. At about 8/8.30 PM father of victim 'R' called him and informed that said car was apprehended. He asked him to meet him at Dayal Singh Petrol Pump. He went there. He stated that he does not remember the number of persons who were apprehended by the police. Police had apprehended some persons and he had seen the police officials with those persons along with prosecutrix 'R' and her parents at the petrol pump. Thereafter, they all were taken to police station and his statement was recorded by the police at the police station. He stated that he does not remember the number of the said car and its colour due to lapse of time and also stated that he cannot identify the accused. During examination, witness turned hostile. Ld. Addl. PP for the state has cross examined the witness but nothing material has come out in the cross examination.
7. PW4 is Surender Singh who had deposed that he has brought the original school register containing the application form regarding the admission of the prosecutrix 'R'. As per record, prosecutrix 'R' was admitted in their school in Nursery class on 05.12.2000 and her admission was entered in the admission register at serial number 11583. She passed out from 12 th class on 31.03.2013. She left the school in the year 2006 and remained absent till session 2007. She was again admitted SC No. 202/13 State Vs Vijay etc. Page No. 6 of 9 in their school in class 6th on 23.04.2007 vide admission number 14065. As per record, her date of birth is 04.05.1996. He has duly proved on record Ex.PW4/A i.e. application form of Nursery, Ex.PW4/B i.e. admission form dated 23.04.2007, Ex.PW4/C photocopy of admission register containing the relevant entry of admission of the prosecutrix, Ex.PW4/D i.e. certificate being issued by Ms. Devinderjeet Kaur Dhingra, principal and Ex.PW4/E i.e. the birth certificate attested by Principal and issued by NDMC. He has also stated that he is well conversant with the handwriting and signature of Ms. Devinderjeet Kaur Dhingra , Principal of the school.
8. PW5 is Sh. Zohaib Sheikh who had deposed that she is residing with his family and has completed 10th class last year. He does not remember the exact date but it was about one year back when he was coming to Nizamuddin side. His cousin 'R'/prosecutrix called him and informed that three/four boys were chasing her in a car and also gave him registration number of the said car. He could not note down the said car number. He was alone at that time. He started the search of said car and when he reached near Dayal Singh College the said car was found stationed at Petrol Pump. He took out the key of the said car and made a call to the police and thereafter inform 'R'/prosecutrix. Prosecutrix 'R' along with her father came there. He stated that he does not remember if prosecutrix 'R' had identified those boys who used to chase her but he had seen one boy in the car. Two/three boys came from behind and all the said boys including the boys sitting in car started scuffling with him. He threw the key of the said car but the same was recovered by the police from there. Police apprehended all the said accused persons in his SC No. 202/13 State Vs Vijay etc. Page No. 7 of 9 presence and his statement was recorded by the police. Witness could not identify the accused persons in the court. During examination, witness turned hostile. Ld. Addl. PP for the state has cross examined the witness but nothing material has come out in the cross examination.
9. PW6 is SI Mahesh Chander who deposed that on 04.10.2013 upon receipt of rukka Mark X through Ct. Mintu, he recorded formal FIR. The computerized print out of the FIR on record is Ex.PW6/A. After registering the case he handed over the rukka and copy of FIR back to SI Jagroshni, IO of the case. The endorsement on rukka Ex.PW6/B is duly proved on record.
Conclusion:
10. Perusal of the file reveals that PW1 Islam khan, PW2 'R', PW3 Akshay Arora, PW5 Johaib Sheikh are the only material public witnesses of this case who all have turned hostile on the point of identity of the accused persons and have not supported the prosecution case. Apart from them, remaining witnesses are formal in nature. Even if, the statement of remaining witnesses are recorded, it cannot bring home the guilt of the accused persons. It is futile to record the statement of remaining witnesses. Hence, prosecution evidence stands closed. Since there is no incriminating evidence against the accused persons, statement of accused is dispensed with.
11. In view of the facts and circumstances, all the three accused persons are acquitted of the offence under Section 12 of POCSO Act, 354D(1) IPC & Section 506 IPC r.w. Section 34 IPC.
12. In view of the Section 437A of Cr.P.C., all the three accused SC No. 202/13 State Vs Vijay etc. Page No. 8 of 9 persons are directed to furnish bail bond in a sum of Rs. 20,000/ with one surety of like amount for the period of six months with the condition that they shall appear before the Hon'ble High Court as and when notice be issued in respect of any appeal filed by the state against the judgment within a period of 6 months. Case property be confiscated to the state after expiry of period of revision/appeal, if any. File be consigned to record room.
ANNOUNCED IN THE OPEN COURT ON 17.12.2014.
( RENU BHATNAGAR ) DESIGNATED JUDGE TADA/POTA/MCOCA/POCSO ASJ01/SED/NEW DELHI SC No. 202/13 State Vs Vijay etc. Page No. 9 of 9