Delhi District Court
State vs . Shanu @ Imran on 5 June, 2012
FIR no. 118/11 05.06.2012 1/4
IN THE COURT OF MS. KIRAN GUPTA , METROPOLITAN MAGISTRATE,
MAHILA COURT, CENTRAL DISTRICT, DELHI
FIR NO. 118/11
PS Ranjeet Nagar
U/S 354 IPC
State Vs. Shanu @ Imran
JUDGEMENT
1. Sl. No. of the case : 704/2/11
2. Name of the complainant : Shumaila
3. Date of commission of offence : 05.06.2011
4. Name of accused and Address : Sanu @ Imran
S/o. Sh Iqramuddin
R/o. X21 CDDA Flats, New Ranjit
Nagar, Delhi.
5. Offence complained of : U/s 354 IPC
6. Plea of accused : Pleaded not guilty
7. Final order : Acquitted
8. Date of such order : 05.06.2012
Date of Institution of case : 26.08.2011
Date of hearing Final Argument: 05.06.2012 Date of decision of case : 05.06.2012 BRIEF FACTS AND THE REASONS FOR THE DECISION 1 The present complaint was lodged by the complainant Shumaila alleging that on 06.06.2011 at around 11:00 pm when she was going to the FIR no. 118/11 05.06.2012 2/4 house of her uncle at the first floor of the building in which she resides at the ground floor, accused caught hold her hand in the stairs and pulled her towards him and when she raised alarm, accused ran away from the spot. On the basis of her statement dated 06.06.2011, present FIR has been lodged and hence the present charge sheet.
2 Charge U/s. 354 IPC was framed on 17.01.2012 to which accused pleaded not guilty and claimed trial. Prosecution with a view to establish its case has relied upon five witness but has examined only four of them. PW 1 SI Inder Singh is the duty officer who has proved FIR Ex. PW 1/A. PW 2 Ct. Bijender Singh assisted the IO and has proved arrest memo Ex. PW 2/A and personal search memo Ex. PW 2/B of accused. PW 3 Shumaila is the complainant and PW 4 Mohd. Saleem is the father of complainant.
4 PW 3 Shumaila is the complainant and has deposed that in June, 2011 when she was going to the house of her uncle who resides on the first floor of the building in which she resides at the ground floor, accused Imran who resides in her neighbourhood suddenly came in front of her in the stairs due to which she got frightened and started screaming. On hearing the same, accused ran away from the spot. She further deposed that she narrated the whole incident to her father and the police was called. She further deposed that she showed the place where accused suddenly came in front of her to the police. On cross examination by Ld. APP, PW 3 denied that accused caught hold of her hand or pulled her FIR no. 118/11 05.06.2012 3/4 towards him. She further denied the suggestion that earlier also accused misbehaved with her.
PW 4 Mohd. Saleem who is the father of complainant has deposed that his daughter told him that accused suddenly came in front of her in the stairs while she was going to the house of her uncle at first floor.
Though the complainant has identified the accused in the court but has categorically deposed that he suddenly came in front of her when she was going to her uncle's house but neither caught hold of her hand nor misbehaved with her. Since the material witness ie PW 3 and PW 4 have not supported the case of prosecution, no purpose shall be served in examining PW Yakub Khan who is the IO of the case. Hence, PE closed and in absence of any incriminating evidence, statement of accused U/s. 218 Cr.PC recorded.
6 I have heard the arguments addressed by Ld. APP for state, Ld. counsel for the accused and perused complete record file.
7 Since the material witness ie the complainant who has been examined as PW 3 has categorically deposed that accused only came in front of her in the stairs due to which she got frightened and screamed and accused neither caught hold of her hand nor misbehaved with her, I am of the view that prosecution has failed to prove its case against the FIR no. 118/11 05.06.2012 4/4 accused beyond the pales of reasonable doubt. Accused is thus acquitted for the offence U/s. 354 IPC. Bail bond cancelled. Surety discharged. Original, if any, be returned. Endorsement, if any, on the original be cancelled.
File be consigned to record room.
Announced in the open court (Kiran Gupta)
on 05.06.2012 Metropolitan Magistrate, Delhi
FIR no. 118/11 05.06.2012 5/4