Delhi District Court
State vs . Tarun Chauhan on 6 August, 2016
1
IN THE COURT OF SH. RAKESH PANDIT,
ASJ-01, NEW DELHI DISTRICT, PATIALA HOUSE COURTS,
NEW DELHI
Case ID No.02403R0018452016
SC No. 8754/16
FIR No. 657/15
PS : Sagar Pur
U/sec. 354D IPC & Sec.12 POCSO Act
In re :
STATE
Vs.
Tarun Chauhan
S/o Sh. Ghanshyam Singh
R/o RZ-107/284, Gali No. 7,
Geetanjali Park, Near Tent Wala School,
West Sagar Pur, New Delhi ....Accused
Date of filing of charge sheet : 08.01.2016
Date of framing of charge : 08.03.2016
Date of judgment : 06.08.2016
JUDGMENT
1 By this judgment I will dispose of case of the prosecution based on FIR NO. 657/15, P.S. Sagar Pur.
State Vs. Tarun Chauhan 2 2 The brief facts of the case as per investigation/charge sheet are that there is prosecutrix X aged about 17 years reported to SHO PS Sagar Pur that accused used to stalk her, followed her to her school and insists her to do "friendship" with him. Complaint dated 27.06.2015 was lodged with PS Sagar Pur and FIR was got registered. After investigation charge-sheet was filed in the court against the present accused.
3 Cognizance of the offences was taken. Accused was provided with the copies of the charge sheet and documents. After hearing the arguments on charge, charges under Section 12 POCSO Act and in alternative u/sec.354D IPC was framed against the accused who pleaded not guilty and claimed trial.
4 To prove its case prosecution examined 3 witnesses.
5 PW1 Prosecutrix X deposed that she is studying in class 12th. Accused was a friend of her friend. A dispute had taken place between accused and her friend. At the instance of her friend she made this complaint Ex.PW1/A against the accused that he used to stalk her. However, no such incident had taken place. As the witness was resiling of her earlier statements in investigation, Ld. APP cross-examined the witness. However, she denied all the suggestions given by Ld. APP for State.
6 PW2 SI Birender deposed that on 27.08.2015 he was at State Vs. Tarun Chauhan 3 PS Sagar Pur. At about 9.00 a.m. prosecutrix came to PS. She lodged her complaint Ex.PW1/A. He made endorsement Ex.PW2/A on the complaint and handed over to the IO for registration of FIR. After registration of the case further investigation was handed over to SI Devender.
7 PW3 SI/IO Devender deposed that on 27.08.2015 he was posted at PS Sagar Pur as SI. On that day, DO handed over copy of FIR Ex.P-1, certificate u/sec.65B IEA Ex.P-2 and original rukka to him. He went to the spot i.e. P Block, West Sagar Pur but accused was not found there. On 07.09.2015, he moved an application Ex.PW3/A for getting the statement of prosecutrix X u/sec.164 Cr.P.C. recorded. The statement was recorded vide proceedings Ex.P-1. On 10.09.2015, he got documents Ex.P-3 and Ex.P-4 regarding the date of birth of victim. The date of birth of victim was found as 23.05.1999. On 01.12.2015, he served notice u/sec.41A Cr.P.C. upon the accused. After completion of investigation, charge-sheet was filed in the court.
8 Following documents were admitted by accused/counsel for accused u/sec.294 Cr. P.C. and were read as evidence:-
Serial Description of Numbe Admitted Remarks Exhibit/s No. document/s r of /denied by court, pages if any 1 Copy of FIR 2 Admitted To be Ex. P-1 State Vs. Tarun Chauhan 4 recorded by HC read in Virender evidence 2 Certificate 1 Admitted To be Ex.P-2 u/sec.65-B of IEA read in issued by DO evidence 3 Certificate issued 1 Admitted To be Ex.P-3 by Ms. Jyanti, read in Head Mistress, evidence Daulat Ram Public School 4 School record of 1+1+1 Admitted To be Ex.PW4 victim containing read in (colly) admission form, evidence birth certificate, admission register 5 Proceedings 4 Admitted To be Ex.P-5 u/sec.164 Cr.P.C. read in conducted by Sh. evidence Sujit Saurabh the then Ld. MM.
9 On account of the admission/denial of documents, following witnesses were dropped by the prosecution:-
1 HC Virender As the FIR and certificate u/sec.65B IEA are already exhibited as Ex.P-1 and Ex.P-2.
2 Ms. Jyanti, Head Mistress As the certificate issued by her and school record are already exhibited as Ex.P-3 and Ex.P-4 (colly).
State Vs. Tarun Chauhan 5 4 Sh. Sujit Saurabh Ld. MM As his proceedings are already exhibited as Ex.P-5.
10 After the closure of PE, statement of accused was recorded u/sec.313 Cr.P.C. In this statement all incriminating evidence was put to the accused. He stated that he is innocent and has been falsely implicated I this case. He stated that he was having friendship relation with friend of PW1 prosecutrix. A dispute had taken place between him and friend of prosecutrix. He further stated that in order to take revenge of the same victim had falsely implicated him in this case. He had never followed her and even he had not met her alone at any point of time.
11 I have gone through the record, evidence and submissions forwarded by Ld. APP for State and Ld. Counsel for the accused. My observations are as under:-
12 As far as the present case is concerned, prosecutrix X/victim had not stated anything regarding the alleged incident. She has stated that he had falsely implicated the accused on behest of her friend. Same is the explanation given by accused in his statement u/sec.311 Cr.P.C.
13 So, in these circumstances, there is no evidence on record which shows that accused had committed sexual harassment on the person of prosecutrix X or stalked her.
State Vs. Tarun Chauhan 6 14 Hence prosecution failed to prove its case.
15 Accused Tarun Chauhan is acquitted for the offences u/sec.354D IPC and Sec.12 POCSO Act.
16 Bail Bond u/sec.437A Cr.P.C. furnished and accepted.
17 Copy of order be given dasti to prosecution.
18 File be consigned to the Record Room.
ANNOUNCED In the open Court (RAKESH PANDIT) today i.e. 06.08.2016 ASJ-01/New Delhi District Patiala House Courts/New Delhi State Vs. Tarun Chauhan 7 SC No. 8754/16 State Vs. Tarun Chauhan FIR No. 657/15 PS : Sagar Pur U/sec.354D IPC & Sec.12 POCSO Act 06.08.2016 Present: Sh. Ravindra Kumar, Ld. APP for State.
Sh. Hasim Chauhan counsel for accused. Accused present on bail.
PW2 and PW3 examined and discharged.
Statement of accused u/sec.313 Cr.P.C. recorded.
Final arguments heard.
Put up for order today itself.
(Rakesh Pandit) ASJ-01/PHC/New Delhi District 06.08.2016 At 4.00 p.m. Present: Sh. Ravindra Kumar, Ld. APP for State.
Sh. Hasim Chauhan counsel for accused. Accused present on bail.
Vide separate order announced and dictated in open court, accused Tarun Chauhan is acquitted for the offences u/sec.354D IPC and Sec.12 POCSO Act.
Bail Bond u/sec.437A Cr.P.C. furnished and accepted for six months.
Copy of order be given dasti to prosecution.
File be consigned to Record Room.
(Rakesh Pandit) ASJ-01/PHC/New Delhi District 06.08.2016 State Vs. Tarun Chauhan