Delhi District Court
State vs . Vijay Singh on 17 February, 2011
1
IN THE COURT OF SH. RAKESH PANDIT
ADDL. CHIEF METROPOLITAN MAGISTRATE: SOUTH DISTT.
SAKET COURTS COMPLEX :NEW DELHI
State Vs. Vijay Singh
PS R K Puram ( Crime Branch)
FIR No. 306/02
U/s 4/5/8 ITP Act
JUDGMENT
a) Serial number of the case : 02403R0133462002
b) Date of commission of offence : 04.06.02
c) Name of the complainant, if any : Sh. R B S Tyagi ACP/ SIT
d) Name & address of accused : 1. Mis Sonia Rani S/o Sh. Sunil R/o Chaal No. 3, Kholi No. 5 Khan Compound, Virar ( East) PS Virar, Mumbai.
2. Razia @ Baby W/o late Mohd. Riaz R/o H No.20, Ring Road, Kandarpada, Dahisar PS Dahisar Mumbai.
3. Munni W/o Sh. Mahsoodan R/o Jhuggi Gate No. 6 (Sic), Maloni Malad (West) PS Malad Mumbai.
4. Tasleem W/o Sh. Abdul 2 Rehman R/o Jhuggi Plot No. 42, Maloni Malad (west) PS Malad Mumbai (All the above accused were already convicted vide judgment dated 05.09.2002)
5. Vijay Singh S/o Shree Ram R/o Village Sakhatpura Bawat PS Mandawar, Distt. Alwar ( Rajasthan)
e) The offence complained off : U/s 4/5& 8 ITP Act.
f) The plea of accused : Not pleaded guilty.
g) Final order : Acquitted h) The date on which order was reserved: Not reserved for i) The date of such order : 17.02.2011
BRIEF STATEMENT OF THE REASONS FOR THE DECISION: By this judgment I will dispose off the FIR NO. 306/02 PS R K Puram / Crime Branch. The brief facts of the case as per prosecution are that on 04.06.02 a secret information was received by ACP R P S Tyagi, that one person namely Vijay Kumar is dealing in supplying girl for the purpose of prostitution when contacted through mobile phone with reference name of one person namely Pinku.
Matter was recorded vide DD No.4 , a Police team was 3 constituted. This Vijay Singh was contacted on his mobile phone, bearing NO. 9810649816. A deal was stuck. Accused Vijay Singh came on one Santro Car near Hotel Hyatt Regency along with 4 girls. The deal was stuck for Rs. 500/ with one girl namely Munni. Other girls namely Sonia Rani , Razia @ Babby and Tasleem also shown inappropriate gestures during the decoy customer for the purposes of Prostitution.
On giving signal by decoy customer namely Sanjay, police party went towards the car. On seeing this accused Vijay Singh left the car and ran away having benefit of darkness. All the girls were arrested through lady officials and were charged for the offence U/s 8 of ITP Act.
Later on accused Vijay Singh was arrested in some case and also disclosed his involvement in this case. He was also arrested in this case.
After the investigation, IO filed chargesheet. Accused was summoned and provided with the copies of the chargesheet.
Accused Vijay Singh was charge U/s 4 & 5 of ITP Act, who pleaded not guilty and claimed trial.
Other accused namely Munni, Razia @ Baby, Sonia Rani, and Tasleem were charged U/s 8 of ITP Act. Each of them separately pleaded their guilt. They were convicted vide judgment dated 05.09.02.
To prove their case against the accused Vijay SIngh, prosecution 4 examined PW1 Ct.Jai Veer, who was part of the raiding team .
PW2 Ct Ashok Kumar who was also the part of raiding team PW3 Inspt. M C Katoch who was also the part of raiding team. PW4 ACP Bheem Singh who was also the part of the raiding party.
PW5 HC Pradeep Singh who was also the part of the raiding party.
PW 6 SI Bheem Singh who was also the part of the raiding party.
PW7 HC Kartar Hussain whoproved the FIR as ex.PW7/ A and endorsement as ex.PW7/ B PW8 Retired ACP R B S Tyagi, who also the part of the raiding party.
After the conclusion of PE, accused was examined U/s 281 Cr.PC. He did not lead any DE.
Final arguments were heard.
I have gone through documents on record, evidence and submissions forwarded by Counsel for accused.
As far as the accused Vijay Singh is concerned, he was arrested on account of his confessional statement in some other case. This 5 confessional statement was made in the custody of the police. No TIP of this accused was got conducted.
However, during the evidence witnesses claimed that it was the accused who ran away from the site. However, as per PW6 HC Pradeep , he could not see the driver of the car due to darkness. So possibility arose that if PW6 cannot see the accused in the darkness then, how the other witnesses could definitely pin point the accused as the same person who was driving the santro car.
There is another discrepancies in the testimonies of the witnesses. Each of the witness had stated that when the alleged currency note of Rs. 500/ was seized from the accused Munni, the number of the said note was duly entered in the seizure memo. There is no such number mentioned in the seizure memo. Similarly, as per PW6 no number of currency note was entered in handing over memo i.e. the memo prepared when ACP handed over this note to Decoy customer namely Sanjay. In the absence of the same , doubt raised regarding the said currency note as to whether it was ever handed over to PW Sanjay or it was ever recovered from the accused Munni.
As far as call details / ownership regarding the alleged mobile number is concerned, it is not in the name of the accused Vijay Singh.
Accordingly, there is no material on record which connects the 6 accused Vijay Singh with the alleged crime.
In these circumstances accused Vijay Singh stands acquitted for the offences charged in the present case. His bail bonds discharged. Surety is discharged. Endorsement on documents if any, be canceled. Documents if any, be released to rightful claimants. Announced in the open court th today i.e. 17 February, 2011 (Rakesh Pandit) ACMM/ South Distt.
Saket Courts/ New Delhi
7
State Vs. Vijay Singh
PS R K Puram ( Crime Branch)
FIR No. 306/02
U/s 4/5/8 ITP Act
17.02.2011
At 4:00 PM
Case was fixed for orders for today.
Vide separate judgment dictated and announced in the court today, the accused namely Vijay Singh is hereby acquitted for the offence charge with. His bail bonds stand canceled. Surety Bonds stand discharged. Endorsement on documents, if any, be canceled. Original Documents, if any, be released to rightful claimants.
File be consigned to record room.
Announced in the open court th today i.e. 17 February, 2011 (Rakesh Pandit) ACMM/ South Distt.
Saket Courts/ New Delhi