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Delhi District Court

Cr. Case/293768/2016 on 15 July, 2016

       IN THE COURT OF METROPOLITAN MAGISTRATE (MAHILA COURT)-02
                 CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
                          Presided by: Ms. Manika

State v. Rahul Kirshan & ors.
FIR No. 359/13
Police Station : Burari
Under Section : 323/34/354 IPC


Unique Case ID Number : 02401R0159232014


Date of institution           : 01.04.2014
Date of reserving             : Oral
Date of pronouncement : 15.07.2016


                                         JUDGMENT

a)    Serial number of the case              : 32/2/14
b)    Date of commission of offence : 01.09.2013
c)    Name of the complainant                : Smt. Shashi Kalan,
                                               W/o Sh. Vijay Singh
                                               R/o H. No. 271, Gali No.3,
                                               Durga Puri, Sahadra, Delhi

d) Name, parentage and address : 1. Sh. Rahul Kirshan, of the accused persons S/o Sh. Yaduvans Narayan Yadav R/o H. No. 38, Metro Apartment, Jahangir Puri, Delhi

2. Sh. Tilak Dhari Tripathi S/o Late Sh. Ram Avtar Tripathi R/o H. No.196, Gali No. 3, Block-A, Harit Vihar, Sant Nagar, Burari, Delhi-84 State v. Ram Kirshan & ors.

FIR No. 359/13 PS: Burari                                                   Page 1 of 4
 e)    Offence complained of           : Section 354B/ IPC
f)    Plea of the accused persons     : Both accused persons
                                        pleaded not guilty
g)    Final order                     : Accused    Rahul   Kirshan
                                        acquitted of the offence
                                        punishable under Section
                                        323 read with Section 34
                                        IPC, Section 354B IPC and
                                        Section 509 IPC.

                                        Accused Tilakdhari Tripathi
                                        acquitted of the offence
                                        punishable under Section
                                        323 read with Section 34
                                        IPC.

h)    Date of final order             : 15.07.2016

                      BRIEF STATEMENT OF FACTS AND REASONS
                                 FOR THE DECISION

1. Briefly stated, the case of the prosecution is that on 01.09.2013 at about 11.00 am at House No.196, Gali No.3, Block-A, Harit Vihar, police station Burari in furtherance of their common intention, the accused persons voluntarily caused hurt to the complainant Smt. Shashi Kalan and on the same date, time and place, accused Rahul Kirshan used criminal force upon the complainant with an intention to disrobe her and uttered insulting words to the complainant with an intention to insult her modesty. The police was informed. FIR was registered on the statement of complainant Smt. Shashi Kalan. After completion of the investigation, police report was filed againt accused Rahul Kirshan.

2. Vide order dated 01.04.2014 passed by learned Predecessor of this Court, besides accused Rahul Kirshan, summons were also issued to accused Tilakdhari Tripathi to face trial.

State v. Ram Kirshan & ors.

3. Vide order dated 02.09.2014 passed by learned Predecessor of this Court, charge for the offence punishable under Section 323/34 IPC against both accused persons and offence punishable under Section 354B/509 IPC against accused Rahul Kirshan was framed to which they individually pleaded not guilty and claimed trial.

4. The prosecution has not examined any witness in the present case. Summons were issued to complainant/victim/eye witness/complainant PW Smt. Shashi Kalan through the investigating officer as well as the Deputy Commissioner of Police concerned. However, despite several opportunities granted to the prosecution to trace the complainant/victim/eye witness Smt. Shashi Kalan in order that summons issued by the court could be served on her, the complainant/victim/eye witness has remained untraceable and could not be served. Accordingly, the opportunity of the prosecution to examine Smt. Shashi Kalan as a witness was closed vide detailed order dated 23.06.2016. Further, summons were issued to PW Ms. Avantika and PW Master Sarthak Pandey, who are also cited as material witnesses by the prosecution, through the investigating officer as well as the Deputy Commissioner of Police concerned. However, despite several opportunities granted to the prosecution to ensure service of summons upon the said witnesses, the said witnesses have remained untraceable and could not be served. Accordingly, the opportunity of the prosecution to examine PW Ms. Avantika and PW Master Sarthak Pandey as witnesses was closed vide detailed order of even date.

5. Prosecution evidence has been closed vide separate detailed order of even date. Examination of the accused persons under Section 313 of the Cr.P.C. was dispensed with since there was no incriminating evidence against them.

6. The record has been carefully and thoroughly perused. The respective submissions of Sh. Lalit Pingolia, learned Assistant Public Prosecutor for State and Sh. Praveen Jha, learned counsel for the accused persons have been heard and considered.

State v. Ram Kirshan & ors.

7. In order to prove the charge under Sections 323/34 I.P.C. against the accused persons and the charge under Sections 354B/509 I.P.C against the accused Rahul Kirshan, the prosecution was required to prove beyond reasonable doubt that on the relevant date, time and place, the accused persons voluntarily caused hurt to the complainant Smt. Shashi Kalan and accused Rahul Kirshan used criminal force upon the complainant with an intention to disrobe her and uttered insulting words to the complainant with an intention to insult her modesty. However, all the alleged eye witnesses/material witnesses namely Smt. Shashi Kalan, Ms. Avantika and Master Sarthak Pandey remained untraceable during the trial and the opportunity of the prosecution to examine them was accordingly closed. The remaining witnesses are either formal in nature or are police officials.

8. In view of the facts that the only eye-witnesses/material witnesses to the alleged incident cited by the prosecution have not been examined by the prosecution, having remained untraceable during trial, in the considered opinion of this Court, the prosecution has miserably failed to prove its case against the accused persons.

9. Accordingly, accused Rahul Kirshan is acquitted of the offence punishable under Section 323 read with Section 34 IPC, Section 354B IPC and Section 509 IPC and accused Tilakdhari Tripathi is acquitted of the offence punishable under Section 323 read with Section 34 IPC.

10. File be consigned to Record Room after completion of necessary formalities.

Announced in open Court on 15.07.2016 (MANIKA) Metropolitan Magistrate (Mahila Court)-02, Central District, Tis Hazari Courts, Delhi 15.07.2016 State v. Ram Kirshan & ors.