Delhi District Court
State vs . Sonu Page No.1 Of 6 on 24 March, 2017
State Vs. Sonu Page No.1 of 6
IN THE COURT OF DR.JAGMINDER SINGH:
METROPOLITAN MAGISTRATE-04 (SOUTH-WEST)
DWARKA DISTRICT COURTS: DELHI
State Vs. : Sonu
FIR No : 490/215
U/s : 323/509 IPC
P.S. : Dwarka South
JUDGEMENT
1. Sl. No. of the Case : 02405R-011272-2015
2. Date of commission of offence : 23.06.2015
3. Date of institution of the case : 02.09.2015
4. Name of the complainant : Smt.Preeti
5. Name of accused, parentage & : Sonu address S/o Sh.Inder Pal Singh, R/o H. No.RZ-F H. No.29, Gali No.41A, Sadh Nagar, Part-2, Palam, New Delhi.
6. Offence complained off : u/s 323/509 IPC
7. Plea of the accused : Pleaded not guilty
8. Date on which order was reserved : Not Reserved
9. Final order : Acquitted
10. Date of final order : 24.03.2017 Brief statement of reasons for decision :
1. The present case was registered against the accused on the allegations that on 23/06/2015 at about 12.30 p.m. near PS Dwarka Sector-9, Dwarka, New Delhi, he caused simple injuries on the person of complainant Smt.Preeti by slapping her FIR No.490/215 PS : Dwarka South State Vs. Sonu Page No.2 of 6 on her cheek and used indecent vulgar & filthy language with the complainant in order to outrage her modesty. At the complaint of complainant Smt.Preeti, the present case was registered and after completion of the investigation, charge-sheet was filed against the accused for the offence u/s 323/509 IPC.
2. Accused was summoned. Copy of the charge-sheet was supplied to the accused. On the basis of prima-facie evidence on record notice served upon the accused for the offences punishable u/s 323/509 IPC to which accused pleaded not guilty and claimed trial.
3. In order to substantiate the notice, prosecution has filed the list of 7 witnesses and examined 5 witnesses.
4. PW1 W/Ct.Mukesh Kumari stated that on 23/06/2015, she joined the investigation of present case. On the instructions of IO/SI Rajender Kumar, he got conducted the medical examination of complainant/Smt.Preeti at Artmis Hospital, Sector-
20, Dwarka vide MLC No.815/15. After medical examinations, they returned back at PS and she handed over the said MLC to IO. IO recorded her statement.
5. PW2 HC Rajesh Kumar recorded the DD No.14A Ex.PW2/A on receiving information from Gama-50 regarding quarrel and handed over the same to SI Rajender for further FIR No.490/215 PS : Dwarka South State Vs. Sonu Page No.3 of 6 action.
6. PW3 HC Basuki recorded the FIR of the present case. Photocopy of the same is Ex.PW3/A and his endorsement on the Rukka is Ex.PW3/B. Certificate u/s 65-B of Indian Evidence Act is Ex.PW3/C.
7. PW4 SI Rajender Kumar stated that on 23.06.2015, on receiving DD entry Ex.PW2/A, he along with Ct.Rajesh reached in front of PS Dwarka South, where complainant Preeti met them along with her mother and gave written complaint Ex.PW4/A. He got the medical examination of the complainant conducted in Artimas Hospital through Lady Ct. Mukesh and prepared Rukka Ex.PW3/B and got registered the FIR. He prepared the site plan Ex.PW4/B and then proceeded to the house of accused with the complainant in Sadh Nagar, where at the instance of complainant, accused Sonu was arrested and personally searched vide memos Ex.PW4/C & Ex.PW4/D. He recorded the statements of witnesses. Thereafter, he was transferred and handed over the file to MHC(R) for further proceedings.
8. PW5 ASI Virender Singh stated that on 10/07/2015, further investigation of present case was marked to him. He prepared the challan and filed in the Court through SHO.
9. No other PW was examined. Thereafter PE closed.
FIR No.490/215 PS : Dwarka South State Vs. Sonu Page No.4 of 6 Statement of the accused recorded under Section 281 Cr.P.C. in which he denied all the allegations leveled against him. He did not opt for defence evidence. Thereafter, final arguments heard.
10. Ld.APP for State argued that the prosecution had proved the case beyond reasonable doubts against the accused and accused is liable to be convicted and for maximum punishment. On the other hand Ld. counsel for accused stated that no any offense is committed by accused. He stated that accused committed nothing wrong with the complainant. There is no any incriminating evidence came on record to show that accused had inflicted any injury or used vulgar language against complainant. The accused is innocent and is falsely implicated in this case. Accused is facing the trial of this false case since last about one and half year, therefore, he is liable to be acquitted.
11. I have considered the submissions of Ld. APP for State and Ld. counsel for accused and perused the record carefully. Allegations against the accused are that he slapped the complainant and also used vulgar language. The case of prosecution is based upon the testimony of complainant herself as there is no any other eye witness in this matter. PW/Complainant not appeared before the Court to prove the contents of her complaint Ex.PW4/A. Despite several FIR No.490/215 PS : Dwarka South State Vs. Sonu Page No.5 of 6 opportunities given to the prosecution to produce this witness, prosecution failed to trace the complainant and summons to her repeatedly returned back unserved even through IO & DCP.
12. IO/PW4 who exhibited the complaint of the complaint Ex.PW4/A in his statement stated that the complaint was given to him in writing by the complainant, therefore, PW4 is not a competent witness to prove the allegations/contents of the written complaint Ex.PW4/A given to him by the complainant. Other witnesses are formal official witness. None of them have directly seen the happening of the incident and they have completed only procedural formalities. Statements of these witnesses is not sufficient to prove the allegations levelled by the complainant against the accused.
13. Hence, in view of aforesaid discussion, Court comes at the conclusion that the prosecution has failed to establish its case against the accused due to lack of evidence. Therefore, accused Sonu S/o Sh.Inder Pal Singh stands acquitted of the offence punishable u/s 323/509 IPC in present case FIR No. 490/2015, PS:
Dwarka South.
14. Accused is directed to furnish bail bond and surety bond under Section 437-A Cr.P.C. and is also directed to furnish latest passport size photographs of himself as well as of his FIR No.490/215 PS : Dwarka South State Vs. Sonu Page No.6 of 6 surety along with their latest residential proof.
Announced in open court
on 24.03.2017 (Dr.Jagminder Singh)
Metropolitan Magistrate - 04(S-W)
Dwarka Courts, Delhi
Note: This judgment contains Six (06) pages and having my signature on each page.
(Dr.Jagminder Singh)
Metropolitan Magistrate - 04(S-W)
Dwarka Courts, Delhi
FIR No.490/215 PS : Dwarka South