Delhi District Court
State vs . Baljinder Singh on 23 September, 2015
IN THE COURT OF SH. AJAY KUMAR MALIK: METROPOLITAN
MAGISTRATE (CENTRAL)-04 TIS HAZARI COURTS, DELHI
State Vs. Baljinder Singh
FIR No.: 153/14
U/s: 4(C) DPT & MAT Act 2010
PS: H.N.R.S.
Unique Case ID No. :02401R0566212014
Date of institution of case :13.10.2014
Date on which case reserved for :23.09.2015
judgment
Date of judgment :23.09.2015
JUDGMENT U/S 4(C) DPT & MAT Act 2010
a)Date of offence :20.09.2014
b)Offence complained of :U/s 4(C) DPT & MAT
Act, 2010
c)Name of accused, his parentage :Baljinder Singh
& Address S/o Sh.Gurbachan Singh
R/o A-5, Gurdwara Bala
Saheb, Bhagwan Nagar,
Ashram, Delhi-110014.
d)Plea of accused : Pleaded not guilty
e)Final Order : Convicted
JUDGMENT
FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 1 of 10
BRIEF REASONS FOR THE DECISION OF THE CASE:-
1. On 20.09.2014, ASI Madan Singh and Ct. Narender were on patrolling duty and reached at Out Gate of HNRS where at about 05:30 AM one person was alluring the passengers for cheap TSR, Hotel and site seeing for which the passengers were not taking the same in good notion and also refusing for same but that person was continuously insisting for the same. ASI Madan Singh asked that person to not to allure the passengers but the accused not paid any heed at the directions of ASI Madan Singh.
ASI Madan Singh and Ct. Narender apprehended the accused whose name was disclosed to be Baljinder Singh S/o Sh. Gurbachan Singh. IO/ASI Madan Singh asked 4-5 the passengers to join the investigation but they refused due to their own problems. On enquiry accused disclosed that he drive his TSR and allure the innocent passengers for cheap fare, cheap hotel and site seeing and by this he earned handsome amount. Accused further disclosed that today he was also insisting the passengers for cheap fare and hotel. ASI Madan Singh prepared the rukka at FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 2 of 10 which Ct. Narender got the FIR registered. ASI Madan Singh conducted the investigation and during investigation IO prepared site plan, recorded statement of witnesses, accused was arrested and after completion of investigation the charge-sheet U/s 173 Cr.P.C. was filed in the Court.
2. Investigation was carried out and after completion of investigation, charge sheet was filed in the Court. The Court took cognizance of the offence on the charge-sheet filed by the police and proceeded against the accused. In compliance of Section 207 Cr.P.C., a copy of charge sheet along with documents was supplied to accused on his appearance. After hearing the parties, on 23.09.2015 the charges for the offence punishable u/s 4(C) DPT & MAT Act, 2010, were framed against the accused to which he pleaded not guilty and claimed trail.
3. In order to prove its case against the accused, prosecution produced and examined three witnesses.
4. The prosecution got examined HC Dharamvir Singh as PW1 who deposed that on 20.09.2014 he was posted at PS FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 3 of 10 HNRS as Duty Officer and his duty hours were 09:00 PM to 09:00 AM of the next day and pn that day at about 06:55 AM, Ct. Narender produced one rukka to him sent by ASI Madan Singh and on the basis of the same he registered the present FIR No. 153/14 and proved the same as Ex.PW1/A. PW1 further deposed that he also made the endorsement on the rukka and proved the same as Ex. PW1/B. PW1 further deposed that after registration of FIR, he handed over the copy of FIR and original rukka to Ct. Narender for further handing over the same to ASI Madan Singh for necessary action.
5. The prosecution got examined Ct. Narender Kumar as PW2 who deposed that on 20.09.2014 he was posted at PS HNRS as a Constable and othat day he alongwith ASI Madan Singh were on patrolling duly in the area of HNRS and at about 05:40 am they reached at out Gate HNRS and they found that one person was inducing the passengers for hiring of cheap auto, cheap taxi and cheap site-seeing, they told the said person not to disturb/disrupt the passengers but said person did not pay any FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 4 of 10 heed. PW2 further deposed that they apprehended the said person whose name later on disclosed as Baljinder Singh. PW2 correctly identified the accused in the court. PW2 further deposed that IO prepared the rukka and same was handed over to him for registration of FIR from PS. Accordingly, PW2 got the FIR registered and returned back to the spot alongwith FIR and original rukka and same was handed over to IO. PW2 further deposed that IO prepared the site plan. PW2 further deposed that IO also personally search and arrested the accused and proved the memos as Ex.PW2/B and Ex.PW2/A respectively. PW2 further deposed that IO seized the DL of the accused vide seizure memo and proved the same as Ex.PW2/C. PW2 also proved the DL as Ex.P1.
5.1 During cross examination, PW2 admitted that that there were lots of passengers at the spot. PW2 further stated that no written notice was served upon the public persons.
6. The prosecution got examined ASI Madan Singh as PW3 who deposed that on 20.09.2014, he was posted at PS FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 5 of 10 HNRS as a ASI and on that day he alongwith Ct. Narender were on patrolling duly in the area of HNRS and at about 05:40 am they reached at out Gate HNRS and found that one person was inducing the passengers for hiring of cheap auto, cheap taxi and cheap site-seeing, they told the said person not to disturb/disrupt the passengers but said person did not pay any heed. PW3 further deposed that they apprehended the said person whose name later on disclosed as Baljinder Singh. PW3 correctly identified the accused in the court. PW3 further deposed that he prepared the rukka and proved the same as Ex. PW-3/B. PW3 further deposed that rukka was handed over to Ct. Narender for registration of FIR from PS. Accordingly, Ct. Narender got the FIR registered and returned back to the spot alongwith FIR and original rukka and same was handed over to PW3. PW3 further deposed that he prepared the site plan and proved the same as Ex.PW-3/A. PW3 further deposed that he personally search and arrested the accused and seized the DL of the accused.
6.1 During cross examination, PW3 admitted that there FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 6 of 10 were lots of passengers at the spot. PW3 also stated that no written notice was served upon those public persons.
7. PE got closed thereafter.
8. All the incriminating evidence/circumstances were put to the accused during his statement under section 313 Cr.P.C. He denied all the evidence against him as false and took the plea that he had been falsely implicated in this case, however, he preferred not to lead evidence in their defence.
9. Final arguments heard from both the sides. Record carefully perused.
10. In order to establish charge against the accused, prosecution relies upon the testimonies of PW2/Ct. Narender and PW3/ASI Madan Singh. In their evidence before the Court, they deposed that accused was attempting to induce/solicit the passengers to provide them cheap rate hotel, Auto-rickshaw and cheap rate site-seeing at cheap rates at Hazrat Nizamuddin Railway Station.
11. PW2 and PW3 specifically deposed in terms of story FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 7 of 10 of prosecution and successfully proved the FIR and endorsement on rukka. It is also observed by this Court that PW3/ASI Madan Singh specifically deposed regarding spot of offence and refusal by the passengers to assent the offer by accused. PW2 and PW3 also correctly identified the accused in the Court.
12. It is further observed that PW3 has specifically deposed that he has also seized the driving licence of accused vide seizure memo Ex.PW2/C and has also proved driving licence of accused as Ex.P1 which shows that the accused was very much present at the spot for the purpose of transportation of passengers.
13. It is further observed by this court that although the PW2 has stated in the cross examination that the proceeding was conducted at the police station does not have any bearing on the merits of the case that the accused was soliciting the passengers for cheap hotel and site seeing. The testimonies of PW1 and PW3 clarifies that only FIR was registered at the police station onthe rukka sent by IO/ASI Madan Singh and the remaining proceedings FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 8 of 10 were conducted at the spot of offence. Even otherwise any taint in the investigation cannot be the ground for acquittal of the accused, hence, the submissions by Ld. Counsel that the proceeding were conducted at the spot are not tenable.
14. Ld. Counsel has raised the contention that no public person was made witness in the present matter. The law laid down by Hon'ble SUPREME COURT of India is very clear on this issue. In "Ashok Kumar Chaudhary v. State of Bihar" AIR 2008 SUPREME COURT 2436 Hon'ble Supreme Court held that Non- examination of public witness by itself does not give rise to adverse inference against prosecution when evidence of other witness is reliable. It further held that in view of the consistent evidence, non-examination of public witness would be immaterial.
15. In view of above observation this Court is of considered opinion that the prosecution has successfully proved its case beyond reasonable doubts. Hence, accused Baljinder Singh is convicted for the offence U/s 4(C) of Delhi Prevention of Touting and Malpractices Against Tourist Act, FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 9 of 10 2010.
Copy of this judgment be given dasti to convict free of cost.
Announced in the open Court (Ajay Kumar Malik) on this 23rd day of September, 2015 MM (Central)-04/THC/Delhi 23.09.2015 FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 10 of 10 FIR No. 153/14 PS: HNRS 23.09.2015 Present : Ld. APP for the State.
Accused - Baljinder Singhalong with Ld. Counsel Sh. Ravindra Singh.
HC Dharamvir Singh, Ct. Narendra Kumar and ASI Madan Singh in person.
Separate notice framed against the accused to which he pleaded not guilty and claim trial. PW1, PW2 and PW3 examined and discharged today.
Separate statement of accused U/s 313 Cr. P.C. also recorded today in which accused wished to not lead any D.E. Final arguments advanced.
Vide separate judgment of even date, accused - Baljinder Singh is convicted to the offence punishable U/s 4(C)( DPT & MAT Act 2010.
Matter is adjourned for orders on the quantum of sentence, it be re-listed on 28.09.2015.
(AJAY KUMAR MALIK) MM (Central)-04/NEW DELHI 23.09.2015 FIR No. 153/14, PS - HNRS State Vs. Baljinder Singh Page 11 of 10