Delhi District Court
Fir No. 358/06 Id No.02404R0272832008 ... vs . Santosh Kumar on 25 April, 2012
FIR No. 358/06 ID No.02404R0272832008 State Vs. Santosh Kumar
IN THE COURT OF MS. RACHNA T. LAKHANPAL METROPOLITAN
MAGISTRATE: MAHILA COURT: DELHI.
FIR No. 358/06
PS Bawana
U/s. 354/452 IPC
State Vs. Santosh Kumar
ID No.ID No.02404R0272832008
25.04.2012
STATE VS. SANTOSH KUMAR
Date of institution : 16.06.08
Date of Commission of Offence : 12.09.06
Name of the Complainant : Santosh Kumar
Name, parentage & Add. Of the
Accused : 1.Santosh Kumar S/o Sh. Om Prakash
R/o Village Mungeshpur, Delhi.
Offence complaint of : U/s 354/452 IPC.
Plea of the Accused : Pleaded Not Guilty.
Final Order : Convicted.
Date for reserve of Order : 25.04.2012
Date of announcing of order : 25.04.2012
BRIEF FACTS & REASONS FOR SUCH DECISION:
1. The facts of the present case have been disclosed in the complaint of the complainant Smt. Sanjeeta S/o Sh. Rajesh that on 09.09.06 at about 10.00 PM while she was present in her house, accused Santosh Kumar entered into her house by scaling the wall. When she made hue and cry, accused started abusing her and escaped from there. On 12.09.2006, accused Santosh Kumar FIR No. 358/06 STATE VS. SANTOSH KUMAR 1/5...... FIR No. 358/06 ID No.02404R0272832008 State Vs. Santosh Kumar again tresspassed into the house of the complainant Sanjeeta. When she opposed, accused Santosh Kumar started misbehaving with her by pressing her breast. Upon this, her husband came and saved her. Thereafter, accused Santosh left her house abusing her. The police was informed and complaint was made that the accused committed lurking house trespass with preparation to cause hurt and outraged the modesty of complainant.
2. Investigations as mentioned above commenced and concluded by presenting the charge sheet disclosing offence U/s 354/452 IPC against the accused. Compliance of Section 207 Cr.P.C. was made. Submissions were heard and charge U/s 354/452 IPC was framed. Accused had opted to contest the same.
3. Ignoring inconsequential witnesses, case of prosecution primarily rests upon the evidence of complainant Smt. Sanjeeta examined as PW3 and her husband Sh. Rajesh examined as PW4. PW3 & 4 were not cross examined by the accused. Besides them, PW1 ASI Prem Singh who is a Duty Officer has proved the FIR as Ex. PW1/A. PW2 is HC Baljit Singh who registered DD No9.16 A and conveyed the said information to ASI Ishwar Singh for investigation. PW5 is ASI Ishwar Singh who prepared rough site plan Ex. PW5/B and arrested the accused vide arrest memo and personal FIR No. 358/06 STATE VS. SANTOSH KUMAR 2/5...... FIR No. 358/06 ID No.02404R0272832008 State Vs. Santosh Kumar search memo Ex. PW5/C and Ex. PW5/D.
4. Since the evidence of the complainant assumes maximum importance, the same is given in detail. PW4 Smt. Sanjeeta, the complainant deposed that in the night of 09.09.06 at around 10:00 PM, accused Santosh Kumar entered into her house by scaling the wall. She got frightened and sstarted screaming for help. At this accused started abusing her in a very filthy language and also misbehaved with her. When she made hue and cry, neighbours gathered and started beating him but somehow accused escaped from the spot. Police was called at 100 number but police did not register any complaint. Again, on 12.09.06, at about 2.00PM, the accused again entered into her house and misbehaved with her. He pressed her breast and threatned her. She shouted for help. Some neighbours also gathered there but in the mean time, accused climbed the wall and fled away from the spot. She gave statement to the police on 13.09.06 which is Ex. PW3/A.
5. The next testimony is of the husband of the complainant Sh. Rajesh Chopra who has deposed on the same lines as PW4. FIR No. 358/06 STATE VS. SANTOSH KUMAR 3/5...... FIR No. 358/06 ID No.02404R0272832008 State Vs. Santosh Kumar
6. Prosecution evidence comprised of aforesaid witnesses. Accused was examined u/s. 313 Cr.P.C. wherein he has admitted his guilt. He has submitted that he is a poor person and working as a labourer. He pleads for his guilt. He has prayed that a lenient view be taken against him as he has his family to support. However, accused has not opted to lead defence evidence.
7. The court has carefully considered the facts and circumstances of the present case and gone through the material available on record. Heard the arguments on behalf of the accused as well as Ld. APP.
8. The testimony of complainant Smt. Sanjeeta has also been fully corroborated by PW4 ie., the husband of the victim. PW4 has deposed that when he saw the accused committing the act, he saved his wife from the accused. Public persons gathered there and they gave beatings to him. The accused has even admitted his guilt in his statement recorded u/s. 313 Cr.P.C stating that he is a poor person and working as labour. He will not do such an act in future. He pleads for his guilt and a lenient view be taken againt him as he has a familly to support.
FIR No. 358/06 STATE VS. SANTOSH KUMAR 4/5...... FIR No. 358/06 ID No.02404R0272832008 State Vs. Santosh Kumar
9. Thus, the complainant ie., PW3 has clearly and categorically narrated the incident in detail. The act of the accused clearly falls within the definition of outraging the modesty of a woman. No contradiction was seen in her testimony. She gave an eye witness account. Her evidence was corroborated by PW4. The registration of FIR and the subsequent police proceedings from the arrest of accused till the filing of charge sheet has been duly proved. Thus, from the discussion above, I am of the opinion, that the prosecution has been able to prove the charges against the accused beyond reasonable doubt.
10. In view of the findings above, the case of the prosecution for the offence U/s 354/452 IPC stands duly proved beyond the shadow of reasonable doubt. Accordingly, accused Santosh Kumar stands convicted for the charges U/s 354/452 IPC. Accused shall be heard on the point of sentence separately.
Announced in the open court today on 25.04.2012.
(RACHNA T. LAKHANPAL) METROPOLITAN MAGISTRATE :DELHI.
FIR No. 358/06 STATE VS. SANTOSH KUMAR 5/5...... FIR No. 358/06 ID No.02404R0272832008 State Vs. Santosh Kumar FIR No. 358/06 PS Bawana U/s. 354/452 IPC State Vs. Santosh Kumar ID No.ID No.02404R0272832008 25.04.2012 Present: Ld. APP for the State.
Accused present along with counsel.
Prosecution witnesses Udayveer Singh and Ct. Sube Singh were summoned several times, however on one pretext or other they have not appeared. Several opportunities have been granted to prosecution for leading evidence. Hence in such circumstances, PE stands closed.
SA of accused Santosh Kumar u/s. 313 CrP.C. has been recorded. Accused has submitted that he does not want to lead DE.
Vide separate judgment dictated and announced in the open court today, the case of prosecution for the offences U/s 354/452 IPC stands duly proved and hence, the accused Santosh Kumar stands convicted for the offence U/s 354/452 IPC.
(RACHNA TIWARI LAKHANPAL) MM/MAHILA COURT ROHINI/25.04.2012.
FIR No. 358/06 STATE VS. SANTOSH KUMAR 6/5...... FIR No. 358/06 ID No.02404R0272832008 State Vs. Santosh Kumar FIR No. 358/06 PS Bawana U/s. 354/452 IPC State Vs. Santosh Kumar ID No.ID No.02404R0272832008 25.04.2012 ORDER ON SENTENCE Arguments on the point of sentence heard. The convict Santosh Kumar belongs to a poor strata. He is now married and having two kids. He is sole bread earner of his family. I am of the opinion that convict can be released upon payment of fine. Accordingly, convict Santosh Kumar is sentenced to the period already undergone and ordered to pay a fine of Rs. 500/- for the offences u/s. 452/354 IPC. Fine paid vide Receipt No. 582629 dated 25.04.2012. File be consigned to record room (RACHNA TIWARI LAKHANPAL) MM/MAHILA COURT ROHINI/25.04.2012.
FIR No. 358/06 STATE VS. SANTOSH KUMAR 7/5......