Delhi District Court
State vs . Hameed & Anr on 26 September, 2019
IN THE COURT OF MS. BHAWANI SHARMA
ADDL. CHIEF METROPOLITAN MAGISTRATE : WEST
TIS HAZARI COURTS : DELHI
FIR No. 251/2017
ID 4812/2018
U/S. 12 Gambling Act
PS Patel Nagar
State Vs. Hameed & Anr
JUDGMENT
1. Sr. No of case 4812/2018
2. Date of commission of offence 4.8.2017
3. Name of complainant HC Pappu Ram
4. Name of accused 1)Hameed
s/o. Sh. Abdul Quyoom
2)Abdul Quyoom
s/o. Sh. Quyoom
Both r/o. Jhuggi NO 43
DDA Flats, New Ranjit Nagar
Delhi
5. Offence complained of U/s. 12 Gambling Act
6. Plea of accused Pleaded not guilty
7. Final order Convicted
8. Date of such order 26.9.2019
1. FACTS IN BRIEF/ CASE SET UP BY PROSECUTION: Accused persons were sent to face trial on the allegations that on 4.8.2017 at about 11.00 PM at Jhuggi NO 43, near XYZ Block, Ranjit Nagar, Delhi both of them were found playing satta with the help of paper slips at public place.
State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 1/9
2. MISCELLANEOUS PROCEEDINGS: After completion of the investigation, chargesheet was filed by the police against accused persons. Cognizance of the offence was taken and the accused persons was summoned. Copy of the chargesheet was supplied to the accused persons and the matter was adjourned for arguments on charge.
3. NOTICE FRAMED AGAINST THE ACCUSED PERSONS: Notice for offence punishable u/s. 12 Gambling Act was given to the accused persons, to which they pleaded not guilty and claimed trial.
4. EVIDENCE LED BY THE PROSECUTION: In order to prove its case, prosecution has examined 5 witnesses:
(a)PW1 is Ct Amit. PW1 deposed that on 4.8.17 he was on patrolling duty alongwith Ct Sharad in the area. Witness further stated that while patrolling when they reached near Choti Masjid, X Block, SI Amit and Ct Rabish met them and both of them were joined in the investigation of the case and IO made Ct Sharad decoy customer and handed over a currency note of Rs. 100/ and asked him to place the satta with the accused persons who were present at other side of Masjid and also directed him to give signal after placing the satta. After some time Ct Sharad gave the signal and he alongwith IO and Ct Rabish reached there and apprehended both the accused persons from whom the cash and paper slips were recovered and State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 2/9 thereafter accused persons are arrested vide arrest memo Ex. PW1/A and Ex. PW1/B.
(b)PW2 is Ct Rabish. Witness deposed that he was on patrolling duty with SI Amit Gherwal in the area and at about 11.00 PM, secret information was received by SI about playing of satta at Choti Masjid. Witness further stated that thereafter Ct Amit and Ct Sharad also reached there while patrolling and they were also joined in the investigation. PW2 further stated that thereafter Ct Sharad was made decoy customer while handing over a currency note of Rs. 100/ and asked him to place the satta with the accused persons who were present at other side of Masjid at number 61 and 41 for Rs. 50 each and also directed him to give signal after placing the satta. After some time Ct Sharad gave the signal and they all reached the spot and apprehended both the accused persons. Witness further stated that from accused Hameed cash of Rs. 100/ and paper slip having the number 61 and 41 was recovered while accused Abdul Quyum was found in possession of Rs. 480 and some paper slips and the same was taken into possession vide memo Ex. PW3/B and Ex. PW3/A and thereafter IO prepared rukka and handed over the same to him for registration and after registration of the FIR he came back to the spot alongwith section IO HC Pappu Ram to whom custody of accused persons and the State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 3/9 recovered property was given by first IO and thereafter accused persons were arrested vide memo Ex. PW1/A and Ex. PW1/B.
(c)PW3 is Ct Sharad. PW3 was the decoy customer and deposed regarding the proceedings conducted by the IO.
(d)PW4 is HC Pappu Ram. PW4 is the second IO and deposed that on receipt of further investigation he alongwith Ct Rabish went to the spot and arrested both accused persons.
(e)PW5 is SI Amit Kumar. PW5 deposed regarding the investigation carried out by him and proved the documents prepared by him.
5. STATEMENT OF ACCUSED PERSONS: Statement of accused persons was recorded u/s. 313 Cr.P.C. wherein the incriminating evidence was put to the accused persons. In the said statement u/s. 313 Cr.P.C, accused persons denied the allegations and chose not to lead any evidence in their defence.
6. ARGUMENTS OF LD. APP FOR STATE AND ACCUSED: Ld APP for the State had argued that the prosecution has successfully proved its case against the accused persons beyond reasonable doubt. Ld APP for the State had also argued that the factum of gambling at public place by accused persons has been proved beyond reasonable doubt and therefore, accused persons are liable to be convicted in this case.
State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 4/9 On the other hand, accused persons stated that they have been falsely implicated and nothing was recovered from their possession.
7. REASONS FOR THE DECISION:
(i) Before proceeding further, I need to discuss the relevant legal propositions applicable on to the facts of the case. It is a settled proposition of criminal law that the prosecution is supposed to prove its case on judicial file beyond reasonable doubt by leading reliable, cogent and convincing evidence & that in order to prove its case on judicial file, the prosecution is supposed to stand on its own legs whereby it cannot derive any benefit whatsoever from the weaknesses, if any, in the defence of the accused. Further settled it is, that the primary burden of proof for proving the offences in a criminal trial rests on the shoulders of the prosecution, which burden never shifts on to the accused.
(ii) It is no longer Res Integra that accused is entitled to benefit of every reasonable doubt(s) appearing qua the material facts of the prosecution's story whereby such reasonable doubt(s) entitles the accused to acquittal.
(iii) In the light of the above discussed legal position, I shall now step forward to divulge my opinion on the respective fate of the accused.
State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 5/9
(iv) PW2 and PW5 deposed that on 4.8.2017 upon receipt of secret information by the IO regarding gaming at public place, IO formed raiding party and included Ct. Amit and Ct Sharad and apprehended both persons. The relevant extract of the testimony of the PWs is reproduced below for ready reference: "PW1: On 4.8.2017, I was posted at PS Ranjit Nagar as constable and on that day I was on patrolling duty with Ct Sharad in the area. We were in civil dress, while patrolling when we reached near Choti Masjid, X Block, Delhi SI Amit and Ct Rabish met us there. They joined us in the investigation of the present case.
Thereafter, IO handed over one currency notes of Rs. 100/ to Ct Sharad for placing the same for satta and directed him to go to the accused persons who were present at the other side of Masjid and also directed him to give signal. After sometime Ct Sharad l gave signal and we all i.e. SI Amit. Ct Rabish and myself went there and apprehended two persons who disclosed their names as Hameed and Abdul Qyum, present in the court today(correctly identified). IO conducted formal search of accused persons and the currency note handed over to Ct Sharad was recovered from one of the accused and one slip was recovered from other accused and the same was taken into possession vide memo by the IO. Thereafter, IO prepared rukka and handed over the rukka to Ct. Sharad for registration of the FIR and after registration of the FIR, he came back with second IO HC Pappu Ram. Thereafter first IO handed over the custody of both accused persons and relevant documents to second IO. Thereafter, second IO arrested both accused persons............."
State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 6/9
"PW3: On 4.8.2017, I was posted at PS
Ranjit Nagar as constable and on that day I was on patrolling duty with Ct Amit. While patrolling when we reached at XYZ Block, SI Amit Gherwal and Ct Rabish met us and they joined us in the investigation of the case and disclosed the information to us. IO handed over to me one currency notes of Rs. 100/ to me for placing the same for satta on Number 41 and 61 and I also directed me to give signal with hand after placing the satta. After I was handed over the slips by the accused persons I gave signal to the IO. IO alongwith Ct Rabish and Ct. Amit came there and apprehended both the accused persons. Both accused persons are present in the court today(correctly identified).
On formal search of accused persons cash Rs. 480 and some slips. The slips were seized vide memo Ex. PW3/A bearing my signatures at point A. The notes were also seized vide memo Ex. PW3/B bearing my signatures at point A. Thereafter, IO prepared the tehrir and got the case registered through Ct Rabish who after registration of the FIR returned to the spot with second IO HC Pappu Ram. First IO handed over the custody of accused persons and relevant documents to second IO and HC Pappu Ram prepared site plan at the instance of first IO. Thereafter accused persons arrested both accused persons vide memo Ex. PW1/A and Ex. PW1/B bearing my signatures at point B. their personal search was also conducted vide memo Ex. PW1/C and Ex. PW1/D......"
"PW5: On 4.8.2017, I was posted at PS Ranjit Nagar as SI and on that day I was on patrolling duty with Ct Rabish in the area. While patrolling in the area, I received secret information that two persons were gambling near Choti Masjid in front of Jhuggi NO 43, XYZ Block and could be State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 7/9 apprehended if raid is conducted. IN the meanwhile Ct. Amit and Ct Sharad also reached there who were in civil dress. I asked them to join in the raid of the present case.
Thereafter, I handed over one currency notes of Rs. 100/ to Ct Sharad for placing the same for satta on Number 61 and 41 for Rs. 50/ each and directed him to go to the accused persons who were present at the other side of Masjid and also directed him to give signal. After sometime Ct Sharad gave signal and we all i.e. myself alongwith Ct Rabish and Ct. Amit went there and apprehended two persons who disclosed their names as Hameed and Abdul Qyum, present in the court today(correctly identified). I conducted formal search of accused persons one slip was recovered from accused Hameed alongwith Rs. 100/ which I had handed over to Ct Sharad. From other accused namely Abdul Qyum Rs. 480/ and one slip on which various number were written. The paper slip recovered from accused Hameed was taken into possession vide memo Ex. PW5/A bearing my signatures at point X. the currency note of Rs. 100/ recovered from accused Hameed was taken into possession vide memo Ex. PW5/B bearing my signatures at point X. Thereafter, the cash of Rs. 480/ recovered from accused Abdul Qyum was seized vide memo already Ex. PW3/B bearing my signatures at point X. The paper slip recovered from accused Abdul Qyum was seized vide memo already Ex. PW3/A bearing my signatures at point X. Thereafter, IO prepared rukka Ex. PW5/C and handed over the same to Ct. Rabish for registration of the FIR and after registration of the FIR, he came back with second IO HC Pappu Ram. Thereafter, I handed over the custody of both accused persons and relevant documents to second IO........"
(v) Despite being cross examined nothing beneficial for State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 8/9 the defence has come from the mouth of PWs.
(vi) Thus, the prosecution has successfully proved that accused persons were gaming at a public place. The cumulative and corroborating testimony of PWs also clearly proves that the accused persons have committed the offence u/s. 12 Gambling Act.
8. CONCLUSION: Keeping in view the facts and circumstances and the discussion made hereinabove, I am of considered view that prosecution has succeeded in proving offence punishable u/s. 12 Gambling Act against accused persons beyond reasonable doubt. Hence, both accused persons are hereby convicted for said offence.
Judgment dictated and BHAWANI SHARMA pronounced in the open Court ACMM:WEST DISTT:DELHI i.e. the 26th of September 2019 (This judgment consists of 9 pages) State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar 9/9 IN THE COURT OF MS. BHAWANI SHARMA ADDL. CHIEF METROPOLITAN MAGISTRATE : WEST TIS HAZARI COURTS : DELHI FIR No. 251/2017 ID 4812/2018 U/S. 12 Gambling Act PS Patel Nagar State Vs. Hameed & Anr ORDER ON POINT OF SENTENCE Present: Ld APP for State.
Convict(s) in person.
I have heard Ld APP for State as well as convict(s) on the point of sentence and have perused the record.
It is submitted by convict(s) that they are bread earner for their family and not previous convict. Convict(s) prayed for a lenient view.
On the other hand Ld APP for State submitted that the convict(s) be sentenced to maximum punishment as prescribed for the offence in question.
In the present case convict(s) have been convicted for offence punishable u/s. 12 Gambling Act. No previous conviction has been alleged or proved against convict(s). The convict(s) are not involved in any such case, as stated by them. Convict(s) are having a family to State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar support.
Keeping in view the facts and circumstances of the case and also the fact that the convict(s) are facing trial for gaming a public place, I am of considered view that ends of justice would be met if the convict(s) are sentenced to pay a fine of Rs. 500/ each.
Fine has been paid. Receipt be issued.
Digitally signed by Sentenced accordingly. BHAWANI BHAWANI SHARMA SHARMA Date: 2019.09.27 15:14:40 +0530 Announced in open Court BHAWANI SHARMA i.e. the 26th of September 2019 ACMM:WEST DISTT:DELHI
State Vs. Hameed & Anr; FIR 251/17; PS Ranjit Nagar