Delhi District Court
State vs . Devender on 20 January, 2011
State Vs. Devender
FIR No. 272/2000
PS: Model Town
IN THE COURT OF SH. NEERAJ GAUR, LD. METROPOLITAN
MAGISTRATE-IV, ROHINI, DELHI
FIR No. 272/2000
PS: Model Town
U/S: 326 IPC
S/V Devender
C/N 208/07
Unique ID No. 02404R0261642001
Date of Institution: 13.03.2001
Name of the Complainant Harinder @ Chhotey s/o Sh.
Om Prakash, r/o N77B/177,
Sawan Park, Ashok Vihar,
Delhi.
Name and address of accused Devender s/o Jwala Prasad
r/o H. No. N77C/158, Sawan
Park, Ashok Vihar, Delhi.
Offence complained of 326 IPC
Plea of accused Pleaded not guilty
Final Order Acquitted
Date of reserve for orders 20.01.2011
Date for announcing the orders 20.01.2011
C/N 208/07
Unique ID No. 02404R0261642001 1
State Vs. Devender
FIR No. 272/2000
PS: Model Town
Brief reasons for the judgment:
Vide this judgment, I shall dispose off the case FIR No. 272/2000.
1.The case of the prosecution is that on 03.05.2000 at about 8.45 am in the running bus at Bus Stand Gurmandi Delhi, accused voluntarily caused grievous injuries on the person of Harinder with sharp object. The accused pleaded not guilty and claimed trial. PE stood closed on 18.09.2010. Statement of accused U/S 313 CrPC was thereafter recorded wherein he pleaded his innocence. He did not prefer to lead any defence evidence. Final arguments have been heard. Record has been carefully perused.
2. I shall briefly touch upon the statement of PWs.
3. PW-1, Dr. Subboroto Rao deposed that on 03.05.2000 he examined the injured Harinder s/o Om Parkash male aged about 19 years. He proved MLC as Ex.PW1/A. He opined that the weapon used in the inflicting injury was a sharp.
4. PW-2 Ct. Nawab Singh deposed that on 05.05.2000 he alongwith SI Satbir Malik reached at the house of the accused at Sawan Park to arrest the accused. He proved the arrest and personal search memos as Ex.PW2/A & Ex.PW2/B.
5. It is noteworthy and can never be ignored to arrive at any justified decision and surely weakens the prosecution case that despite several C/N 208/07 Unique ID No. 02404R0261642001 2 State Vs. Devender FIR No. 272/2000 PS: Model Town opportunities prosecution failed to examine the complainant Harinder. Complainant, Harinder remained unserved with the report that his jhugies were demolished in 2006 and he is not traceable. Even the summons were ordered to be served through IO but of no consequence. There is no evidence on record to show that accused caused grievous injuries with sharp object to the complainant Sh. Harinder. The evidence available on record is highly insufficient to record a finding of guilty against the accused and the prosecution has miserably failed to prove the charge U/S 326 IPC for want of evidence. For want of evidence, accused Devender is acquitted for the offences U/S 326 IPC.
6. The Bail Bond stands cancelled and surety for the accused stands discharged. Any endorsement placed on the documents of the surety may accordingly, be cancelled. The original documents of the surety, if retained on record be returned against acknowledgment. File be consigned to record room.
Announced in the Open Court (Neeraj Gaur)
on 20.01.2011 MM-IV/ Rohini/Delhi
C/N 208/07
Unique ID No. 02404R0261642001 3