Delhi District Court
State vs . Harish Kumar on 10 January, 2020
IN THE COURT OF SH. RAVINDER SINGH,
METROPOLITAN MAGISTRATE 01,
SOUTHWEST, DWARKA COURTS, DELHI
State Vs. Harish Kumar
FIR No. : 100/18
P.S. : Domestic Airport
U/s. : 4 (c) DPTMT Act
JUDGMENT
S.No. of the Case : 132/19
Date of Commission of Offence : 20.11.2018
Date of institution of the case : 05.01.2019
Name of the complainant : ASI Ishwar Singh
Name of the accused parentage : Harish Kumar
& address S/o Ram Babu
H. No. 14/60
East Mehram Nagar,
New Delhi
Offence complained off : U/s 4 (c) DPTMT Act
Plea of Accused : Not guilty
Final Order : Convicted
Date of Final Order : 10.01.2020
Prologue (Prosecution version)
1. As per Prosecution, on 20.11.2018 at about 10:55 AM near taxi Line, Arrival Hall, Domestic Airport, New Delhi within the jurisdiction of PS Domestic Airport, the accused Harish Kumar was found indulging in touting by soliciting the passengers on the pretext of providing them cheap taxi services for touring and hotels on discounted rates and thereby committed an offence punishable u/s 4 State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 1/9
(c) of Delhi Prevention of Touting and malpractices against Tourists Act, 2010 (herein after said as DPTMT Act). After completion of the investigation, chargesheet was prepared and filed in court.
2. On the basis of chargesheet and annexed documents, cognizance was taken and accused was summoned to face trial. On appearance of the accused, provisions of Section 207 of the Criminal Procedure code (herein after said as "the Code") were complied with and after hearing arguments, notice qua the offence u/s 4 (c) of DPTMT Act was framed and served upon the accused to which the accused pleaded "Not Guilty" and claimed trial.
Trial
3. In order to prove its case, prosecution examined only three witnesses. PW1 ASI Gurdev Singh, PW2 ASI Parmanand and PW3 ASI Ishwar Singh. Now coming to the testimonies of the prosecution witnesses in detail.
4. Firstly coming to the testimony of PW1 ASI Gurdev Singh. PW1 deposed in his testimony that on 20.11.2018 he was posted at PS Domestic Airport as ASI. PW1 further deposed that on that day he was on duty at the arrival hall of domestic Airport. PW1 further deposed that during his duty, ASI Ishwar Singh came to him at the arrival hall while patrolling at around 10:45am. PW1 further deposed that thereafter they both went for patrolling and at around 10:55am they noticed one person who had parked his taxi (Yellow & Black) bearing no. DL 1T 6398 at side of taxi lane outside the arrival hall State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 2/9 and was inducing the passengers on the pretext of providing cheap taxi service, hotel on discounted rates. PW1 further deposed that he and ASI Ishwar Singh requested that person not to indulge in touting but the said person did not desist from his conduct and continued indulging in touting. PW1 further deposed that thereafter, ASI Ishwar Singh with his help apprehended that person whose name on inquiry was revealed as Harish Kumar. PW1 further has correctly identified the accused present in the court. PW1 further deposed that ASI Ishwar Singh asked some passengers to join in the proceedings but none agreed and they went away without disclosing there names and addresses. PW1 further deposed that thereafter ASI Ishwar Singh prepared tehrir Mark A and sent him to PS for registration of FIR. PW1 further deposed that he went to PS and got the present case registered through duty officer and he returned back to the spot and handed over original tehrir and copy of FIR to ASI Iswhar Singh. PW1 further deposed that ASI Ishwar Singh prepared the site plan of the spot Ex.PW1/A. PW1 further deposed that thereafter, ASI Ishwar Singh arrested the accused vide arrest memo Ex.PW1/B bearing his signature at Point A. PW1 further deposed that ASI Ishwar Singh seized the taxi through seizure memo Ex.PW1/C bearing his signature at Point A. PW1 further deposed that accused was released on bail. PW1 further deposed that Taxi was taken to the PS and deposited in the Malkhana. PW1 further deposed that his statement was recorded by the IO. PW1 further identified the Taxi bearing No. DL 1T 6398 through photographs Ex. P1 from judicial file which was seized by the IO.
PW1 was cross examined by the counsel for the accused. PW1 State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 3/9 in his cross examination stated that he was on duty at the arrival hall from 8:00am to 7:00pm. PW1 further stated that he do not remember DD entry regarding his duty vide which he left the PS for duty at arrival hall. PW1 further stated that it is no offence to talk a person/passenger coming out at arrival hall or being present at the arrival hall. PW1 further stated that accused talked with 23 public persons. PW1 further stated that IO did not record statement of any of those public persons/passengers. PW1 further stated that none of those public persons/passengers or any other person gave any written complaint to the IO. PW1 further stated that no notice was served by the IO on those passengers/public persons. PW1 further stated that he was on duty at the arrival hall on that day only. PW1 further stated that he did not know the accused prior to the incident. PW1 further denied the suggestion that the accused was not indulging in touting. PW1 further denied that accused has been falsely implicated in the present case by the IO.
5. Now coming to the testimony of PW2 ASI Parmanand. PW2 in his testimony brought the summoned record i.e register no.19. PW2 deposed that as per the entry No. 468 dated 20.11.2018 ASI Ishwar Singh had deposited in the Malkhana one taxi bearing No. DL IT 6398. PW2 further deposed that said taxi was released to its rightful owner on 28.11.2018 after the order of Ld. Court. PW2 further tendered the copy of the entry no. 468 as Ex.PW2/A (OSR).
PW2 was cross examined by the counsel for the accused. PW2 in his cross examination denied the suggestion that false entry has been made in the register No. 19 in connivance with IO. PW2 further State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 4/9 denied that no taxi was seized by IO.
6. Now coming to the testimony of PW3/IO/Complainant ASI Ishwar Singh. PW3 deposed in his testimony that on 20.11.2018 he was posted at PS Domestic Airport as ASI and on that day he was on patrolling duty. PW3 further deposed that he had left the PS vide DD No. 20B Ex.PW3/A for Patrolling. PW3 further deposed that at around 10:45Am he reached at the arrival hall while patrolling where ASI Gurdev met him who was on duty there. PW3 further deposed that thereafter they both went for patrolling and at around 10:55am they noticed one person who had parked his taxi bearing no. DL 1T 6398 in the taxi line outside the arrival hall and was inducing the passengers on the pretext of providing cheap taxi service, hotel on discounting rates. PW3 further deposed that they requested that person not to indulge in touting but he continued in his conduct. PW3 further deposed that as the said person did not desist from his conduct of indulging in touting therefore he with the help of ASI Gurdev Singh apprehended that person whose name on inquiry was revealed as Harish Kumar. PW3 further correctly identified the accused present in the court. PW3 further deposed that he asked some passengers to join in the proceedings but none agreed and they went away without disclosing there names and addresses. PW3 further deposed that thereafter he prepared tehrir Ex.PW3/B bearing his signature at Point A and sent ASI Gurdev Singh to PS for registration of FIR. PW3 further deposed that ASI Gurdev Singh went to PS and got the present case registered through duty officer and returned back to the spot and handed over to him original tehrir and State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 5/9 copy of FIR. PW3 further deposed that he arrested the accused vide arrest memo Ex.PW1/B bearing his signature at Point B. PW3 further deposed that he prepared the site plan of the spot Ex.PW1/A bearing his signature at Point A. PW3 further deposed that he seized the taxi through seizure memo Ex.PW1/C bearing his signature at Point B. PW3 further deposed that accused was released on bail. PW3 further deposed that Taxi was taken to the PS and deposited in the Malkhana along with its key. PW3 further deposed that he recorded statement of ASI Gurdev Singh. PW3 further deposed that taxi was released on superdari to its owner after taking the photographs. PW3 further deposed that after the completion of investigation he prepared the challan and filed the same in the court. PW3 further identified the Taxi through photographs collectively Ex.P1.
PW3 was not cross examined by the accused, despite opportunity.
7. The accused has not disputed the recording of the genuineness of the FIR of the present case Ex. A1 . No other witness was examined by the prosecution and statement of the accused was recorded under section 313 of the code. In his statement under section 313 of the code the accused has denied the case of the prosecution in its entirety and stated that he has been falsely implicated in this case by the IO and he was not indulging in any touting with any passenger. The accused further has not lead any evidence in his defence.
8. During the course of final arguments, it has been argued by State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 6/9 Ld. APP for the State that prosecution has proved its case beyond reasonable doubts and all the ingredients of relevant section are complete. On the other hand, the accused has argued that he has been falsely implicated in the present case and he was not indulging in touting with any passenger. I have carefully heard the submissions of the parties and have perused the entire evidence on record.
Appreciation of Evidence
9. In the present case, for the offence u/s 4 (c) of the DPTMT Act the prosecution was required to prove beyond reasonable doubt that the accused was attempting to commit the act of touting or malpractices against tourist on 20.11.2018 at about 10:55 AM near taxi Line, Arrival Hall, Domestic Airport, New Delhi by soliciting the passengers on the pretext of providing them cheap taxi services for touring and hotels on discounted rates. In the testimony the eyewitness PW1 ASI Gurdev Singh specifically deposed that he was on duty at the arrival hall of domestic airport and during his duty, ASI Ishwar Singh came to him at the arrival hall while patrolling at around 10:45AM and thereafter they both went for patrolling and at around 10:55 AM, they noticed one person who had parked his Taxi (yellow & Black) bearing DL 1T 6398 at side of Taxi Lane outside the arrival hall and was inducing the passengers on the pretext of providing cheap taxi service, hotels on discounted rates. The testimony of Complainant/ IO / PW3 ASI Ishwar Singh is corroborated by the accompanying witness PW1 ASI Gurdev Singh who also deposed that the accused was inducing the passengers on State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 7/9 the pretext of providing cheap taxi services and hotels. Further, PW3 /complainant/ IO ASI Ishwar Singh specifically revealed the DD No. 20B dated 20.11.2018 vide which he was on patrolling duty on the day of incident I.e 20.11.2018. The said DD entry has also been produced on record by the PW3/ complainant/ IO ASI Ishwar Singh as Ex. PW3/A, thereby proving the presence of the IO / complainant/ PW3 ASI Ishwar Singh at the spot.
10. During course of arguments, accused also argued that no passengers / public witness has been arrayed by the IO in the investigation and neither any notice has been issued to the public witnesses. It is trite to say that merely non arraying of any public witnesses would not be sufficient to discard the testimonies of the police officials especially when the testimonies of both the police officials IO / complainant/ PW3 ASI Ishwar Singh and the accompanying witness PW1 ASI Gurdev Singh are consistent and coherent regarding the accused found inducing the passengers taxi Line, Arrival Hall, Domestic Airport, New Delhi on the pretext of proving them with cheap taxi services and hotels at discounted rates. There is no reason to disbelieve the testimonies of IO / complainant/ PW3 ASI Ishwar Singh and the accompanying witness PW1 ASI Gurdev Singh merely because they are police witnesses. The non receiving of any complaint by the police officials or non examination of any public witness would not itself be sufficient to discard the testimonies of IO / complainant/ PW3 ASI Ishwar Singh and the accompanying witness PW1 ASI Gurdev Singh. The testimonies of both the prosecution witnesses IO / complainant/ PW3 ASI Ishwar State Vs. Harish Kumar FIR No. 100/18 PS Domestic Airport Page NO. 8/9 Singh and the accompanying witness PW1 ASI Gurdev Singh are cogent, reliable and inspires confidence and are sufficient enough to prove all the ingredients for the offence u/s 4 (c) of DPTMT Act against the accused. Furthermore, it is also trite to say that mere giving explanations in defence would not in any way aid or help the accused for rebutting the case of the prosecution, which is the situation in the present case where the accused has not at all cross examined the complainant/IO/PW3 ASI Ishwar Singh. Thus, in view of the cogent and convincing testimonies of IO / complainant/ PW3 ASI Ishwar Singh and the accompanying witness PW1 ASI Gurdev Singh, I have no hesitation in holding that the prosecution has successfully proved that the accused was found indulging in touting by soliciting the passengers on the pretext of providing cheap taxi services to them and accordingly all the ingredients of the offence under section 4 (c) of DPTMT Act stands proved against the accused. Accordingly, the accused Harish Kumar, S/o Sh Ram Babu is hereby convicted for the offence u/s 4 (c) of the DPTMT Act.
Let the parties be heard on quantum of sentence today itself.
Copy of this judgment be given to the convict free of cost.
This judgment contains 09 pages. Every Page of this judgment has been signed by me.
Announced in the open court (RAVINDER SINGH)
MM01/DWARKA COURTS
New Delhi/10.01.2020
Digitally signed
by RAVINDER
State Vs. Harish Kumar RAVINDER SINGH
FIR No. 100/18 Date:
PS Domestic Airport
SINGH 2020.01.10
Page NO. 9/9
21:40:53
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