Delhi District Court
State vs Rahul Kumar on 6 April, 2026
IN THE COURT OF SH. AZAD SEHRAWAT, JUDICIAL
MAGISTRATE FIRST CLASS-10, SOUTH-EAST DISTRICT,
SAKET COURTS, NEW DELHI
FIR No. 14/2020 DLSE020058652020
U/s 25/54/59 Arms Act
PS Pul Prahlad pur
State vs. Rahul Kumar
Date of Institution of case 07.03.2020
Judgment Reserved on 19.02.2026
Date of Judgment 06.04.2026
The institution Sr. No. of the case 1314/2020
The date of commission of offence 11.01.2020
Details of complainant HC Suresh Kumar, No.
3359/SE, PIS No. 28108169
PS Pul Prahlad Pur, New
Delhi.
Details of accused person Rahul Kumar, s/o Sh.
Rampal Singh, r/o H. No. S-
27/A, V.P. Singh Camp, Pul
Prahlad Pur, New Delhi.
The offence complained of 25/54/59 Arms Act
The plea of accused person Pleaded not guilty
The final order Acuitted
The date of such order 06.04.2026
1
FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur
Digitally signed
by AZAD
AZAD SEHRAWAT
SEHRAWAT Date:
2026.04.06
16:19:11 +0845
By this judgment the court shall dispose of the case u/s 25/54/59
Arms Act.
Brief statement of the reasons for the decision:
1) The brief facts of the case of prosecution are that on
11.01.2020 at about 08:45 PM, at DDA Park MB Road, near
ICD, PPP, within jurisdiction of PS PPP, accused was found in
possession of a buttondar knife (length of handle 18 CM, length
of blade 15.5 CM, width of blade 3.2 CMs and total length 33.5
CM), as per seizure memo Mark A without any permit or license
in contravention of notification issued by Delhi Administration
and thereby accused has committed an offence punishable u/s
25/54/59 Arms Act, within my cognizance.
2) After the accused appeared in the Court, copy of
chargesheet and other documents were supplied to him.
Thereafter, charge was framed against the accused u/s 25/54/59
Arms Act, to which accused pleaded not guilty and claimed trial
and the matter was listed for prosecution evidence.
3) In the prosecution evidence PW1 HC Suresh Kumar, in his
examination in chief, deposed that on 11.01.2020, he was posted
as HC at PS Pul Prahlad Pur. He further deposed that on that day,
he along with Ct. Jaivir was on beat patrolling duty. He further
deposed that around 08:45 PM, when they reached at DDA Park,
MB Road, near ICD, Pul Prahlad Pur, New Delhi, they saw a
person, who on seeing them tried to escape away from the spot.
2
FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur
Digitally signed
by AZAD
SEHRAWAT
AZAD
SEHRAWAT Date:
2026.04.06
16:19:16
+0845
He further deposed that he chased and apprehended him. He
further deposed that he examined him and found the buttondar
knife from his right side pocket of wearing pant. He further
deposed that he revealed his name Rahul Kumar. He further
deposed that IO asked public persons to join the investigation,
however none agreed. He further deposed that he seized the
recovered knife vide memo, which is now Ex.PW1/A bearing his
signature at point A. He further deposed that he prepared the
sketch memo, which is now Ex.PW1/B bearing his signature at
point A. He further deposed that IO closed the blade of said knife
and put the same in a transparent box and sealed the same with
the seal of SK. He further deposed that he prepared the rukka,
which is now Ex.PW1/1 bearing his signature at point A and
handed over to Ct. Jaivir for registration of FIR. Ct. Jaivir went
to the PS and got the present FIR registered. He further deposed
that after registration of FIR, Ct. Jaivir along with HC Mukesh
Kumar came back to the spot. He further deposed that he was
informed that further investigation was marked to the HC
Mukesh Kumar and accordingly further investigation was carried
out by IO HC Mukesh Kumar. He further deposed that IO
mentioned the FIR number on the sketch memo and seizure
memo. He further deposed that IO also prepared site plan at his
instance, which is now Ex.PW1/C bearing his signature at point
A. He further deposed that IO arrested and conducted personal
search of the accused vide memos, which are now exhibited as
PW1/D and PW1/E bearing his signature at point A, respectively.
He further deposed that he interrogated the accused and recorded
his disclosure statement, which is now exhibited as PW1/F
3
FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur
Digitally signed
by AZAD
AZAD SEHRAWAT
SEHRAWAT Date:
2026.04.06
16:19:20 +0845
bearing his signature at point B. He further deposed that they
went to the police station and deposited the case property in the
Malkhana and accused was lodged in the lockup of PS.
Accused and the case property were correctly identified by
the witness.
Witness was duly cross-examined by Ms. Tanvi Sharma,
Ld. LADC for accused.
4) In the prosecution evidence PW2 HC Mukesh Kumar, in
his examination in chief, deposed that on 11.01.2020, further
investigation of the case was marked to him. He further deposed
that he went to the spot along with Ct. Jaivir where he met HC
Suresh on the spot, who handed over him the recovered buttondar
knife and the custody of the accused. He further deposed that he
mentioned the FIR number on the sketch memo and seizure
memo. He further deposed that he also prepared site plan, which
is already Ex.PW1/C bearing his signature at point B. He further
deposed that he arrested and conducted personal search of the
accused vide memos, which are already exhibited as PW1/D and
PW1/E bearing his signature at point B, respectively. He further
deposed that he interrogated the accused and recorded his
disclosure statement, which is already exhibited as PW1/F
bearing his signature at point B. He further deposed that they
went to the police station and deposited the case property in the
Malkhana and accused was lodged in the lockup of PS. He
further deposed that he prepared the chargesheet and submitted
the same in the Hon'ble Court.
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FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur
Digitally signed
by AZAD
AZAD SEHRAWAT
SEHRAWAT Date:
2026.04.06
16:19:25 +0845
Accused and the case property were correctly identified by
the witness.
Witness was duly cross-examined by Ms. Tanvi Sharma,
Ld. LADC for accused.
5) Accused in his statement u/s 294 CrPC, stated no objection
if the authors/signatories of following documents are exempted
form formal examination and the said documents are read in
evidence: -
1.Copy of FIR (without contents) registered in the present case Ex.
A-1.
2. Certificate u/s 65B of Indian Evidence Act, Ex. A-2.
3. DD No.50B dated 11.01.2020, Ex. A-3.
4. DAD Notification Dated 29.10.1980, Ex. A-4.
A. Chart of Prosecution Witnesses:-
PW No. Name of Witness Description / Role PW-1 HC Suresh Kumar Recovery witness and first Investigating Officer PW-2 ASI Mukesh Kumar Second Investigating officer B. Chart of Exhibited Documents:-
Exhibit No. Description Proved By 5 FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur Digitally signed by AZAD SEHRAWAT AZAD SEHRAWAT Date:
2026.04.06 16:19:29 +0845 Ex.PW1/A Seizure memo of PW-1, PW-2 recovered knife Ex.PW1/B Sketch memo PW-1 Ex.PW1/1 Rukka PW-1, PW-2 & PW-3
Ex.PW1/C Site Plan PW-1, PW-2 Ex.PW-1/D Arrest memo PW-1, PW-2 Ex.PW1/E Personal search PW-1, PW-2 memo Ex.PW1/F Disclosure statement PW-1, PW-2 Ex.A-1 Copy of FIR Admitted u/s 294 (without contents) Cr.P.C.
Ex.A-2 Certificate u/s 65B Admitted u/s 294 Indian Evidence Act Cr.P.C.
Ex.A-3 DD No. 50B dated Admitted u/s 294 11.01.2020 Cr.P.C.
Ex.A-4 DAD notification Admitted u/s 294 dated 29.10.1980 Cr.P.C.
C. Chart of Material Objects / Case Property:-
Material Object No. Description Proved By Ex.P1 Case Property PW-1,PW-2 6 FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur Digitally signed by AZAD SEHRAWAT AZAD SEHRAWAT Date:
2026.04.06 16:19:34 +0845
6) Thereafter, prosecution evidence was closed and matter was listed for recording of statement of accused u/s 313 CrPC. In his statement recorded u/s 313 CrPC, accused had stated that he has been falsely implicated in the present case by the police officials and he is innocent and stated that he does not want to lead evidence in his defence. DE was therefore closed.
7) I have heard the submissions addressed by Ld. APP for state and Ld. LADC for accused and carefully perused the documents on record.
8) Ld. LADC for accused has submitted that the prosecution has failed to prove its case against the accused. On the other hand, Ld. APP has submitted that the prosecution has successfully proved its case beyond reasonable doubt and the accused is liable to convicted.
APPRECIATION OF EVIDENCE
9) Be that as may, it is well settled that the burden of proof to prove all the ingredients of the alleged offence lies on the prosecution and the prosecution has to discharge the said burden beyond reasonable doubt, in order to bring home the guilt of the accused. However, in the present matter, the case of the prosecution is marred with several serious lapses. It is a matter of record that only police witnesses have been examined by the prosecution in the present matter. No public witness has been examined by the prosecution in the present matter and further no efforts were made by the IO to make public persons join the 7 FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur Digitally signed by AZAD SEHRAWAT AZAD Date: SEHRAWAT 2026.04.06 16:19:37 +0845 investigation and at the time of recovery, the fact that there were public persons at around the spot is even admitted by the prosecution's witnesses. Even otherwise, the police officials have not proved their presence at the spot, as all the departure or arrival entries have not been placed on record in the present matter.
10) Abovementioned observation assumes significance on account of grave contradictions which are to be seen in the testimonies of prosecution's witnesses. PWs had deposed that seizure memo Ex. PW1/A and sketch memo Ex. PW1/B were prepared prior to registration of FIR but the said documents have the mentioning of FIR No.14/2020 but no endorsement has been made as at what time the said FIR number has been inserted on the said document. Further, no photography or videography of the spot or the recovery was done in the present case which could have been beneficial to the case of the prosecution for establishing the presence of accused at the spot at the time of alleged recovery.
11) In view of the aforesaid facts, contradictions and observations, the alleged recovery and the presence of the police officials at the spot itself becomes doubtful and it casts a serious doubt on the case of the prosecution. Thus, the possibility of the case property being planted on the accused cannot be ruled out. Consequently, benefit of doubt has to be extended to the accused.
12) The prosecution has, therefore, failed to prove its case against the accused beyond reasonable doubt and the accused 8 FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date:
2026.04.06 16:19:42 +0845 Rahul Kumar is hereby acquitted for the offence u/s 25/54/59 Arms Act.
ANNOUNCED IN OPEN COURT Digitally
On 06.04.2026 signed by
AZAD
AZAD SEHRAWAT
SEHRAWAT Date:
2026.04.06
16:19:46
+0845
(AZAD SEHRAWAT)
JMFC-10, SOUTH-EAST DISTRICT SAKET: NEW DELHI 9 FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur A. Chart of Prosecution Witnesses:-
PW No. Name of Witness Description / Role PW-1 HC Suresh Kumar Recovery witness and first Investigating Officer PW-2 ASI Mukesh Kumar Second Investigating officer B. Chart of Exhibited Documents:-
Exhibit No. Description Proved By
Ex.PW1/A Seizure memo of PW-1, PW-2
recovered knife
Ex.PW1/B Sketch memo PW-1
Ex.PW1/1 Rukka PW-1, PW-2 & PW-
3
Ex.PW1/C Site Plan PW-1, PW-2
Ex.PW-1/D Arrest memo PW-1, PW-2
Ex.PW1/E Personal search PW-1, PW-2
memo
Ex.PW1/F Disclosure statement PW-1, PW-2
Ex.A-1 Copy of FIR Admitted u/s 294
(without contents) Cr.P.C.
Ex.A-2 Certificate u/s 65B Admitted u/s 294
Indian Evidence Act Cr.P.C.
10
FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur
Digitally signed
by AZAD
AZAD SEHRAWAT
SEHRAWAT Date:
2026.04.06
16:19:52 +0845
Ex.A-3 DD No. 50B dated Admitted u/s 294
11.01.2020 Cr.P.C.
Ex.A-4 DAD notification Admitted u/s 294
dated 29.10.1980 Cr.P.C.
C. Chart of Material Objects / Case Property:-
Material Object No. Description Proved By Ex.P1 Case Property PW-1,PW-2 11 FIR No. 14/2020 State Vs. Rahul Kumar PS Pul Prahlad Pur Digitally signed by AZAD AZAD SEHRAWAT SEHRAWAT Date: 2026.04.06 16:19:57 +0845