Delhi District Court
State vs Sarwan Singh on 20 January, 2018
FIR No : 35/17
PS: Khyala
STATE VS Sarwan Singh
20.01.2018
Present: Sh Subhash Chauhan Ld Additional P.P. for State.
Ms Arti Pandey, DCW counsel Accused on bail with counsel Ms.Neelam Singh PW1/prosecutrix is present for her crossexamination. Opportunity granted to ld. Counsel for accused to cross examine the witness.
From perusal of file it is found that prosecutrix is the only star/material witness in this case. But she has not identified the accused even at the crossexamination by Ld. APP for State with permission of the court. The identification of accused is a paramount consideration to hold the accused guilty for the offence he has been chargesheeted. Once the accused has not been identified by the prosecutrix, no useful purpose would be served to examine the remaining witnesses who are either the police officials or the doctors who have medically examined the prosecutrix etc. Hence, the prosecution evidence stands closed by order.
Requirement of recording of statement of accused u/s 313 Cr.P.C is dispensed with as no incriminating evidence has come on record against the accused.
Vide my separate judgment, accused Sarwan Singh is acquitted for offence punishable under section 376/506 IPC. As per provisions of order 437 A Cr.P.C, bail bond and surety bonds of 2 accused person, already furnished are extended for further six months.
File be consigned to record room.
(Bhupesh Kumar) (Bhupesh Kumar ASJ(Special Fast Track Court)01 West, THC, Delhi/20.01.2018