Delhi District Court
State vs Balraj Mathur on 30 August, 2024
IN THE COURT OF SH. APOORV GUPTA, JMFC-02,
CENTRAL DISTRICT, TIS HAZARI COURT, DELHI
STATE VS. BALRAJ MATHUR
FIR NO. 67 / 2018
U/S 186 / 353 / 427 IPC & 3 PDPP ACT
POLICE STATION TIMAR PUR
Date of institution of the case : 18.11.2018
Date of judgment reserved : 08.08.2024
CNR No. : DLCT020161692020
CR. Case No. : 8556 / 2020
Name of the complainant : Sh. Kishan Chand Seth
Name of accused and address : BALRAJ MATHUR
W/o Sh. Munna Lal,
R/o House No.327, A-Block,
Gali No.6, Kaushik Enclave,
Burari, Delhi.
Offence complained of : 186 / 353 / 427 IPC & 3 PDPP ACT
Plea of the accused : Pleaded not guilty
Date of Judgment : 30.08.2024
Final order : ACQUITTED
JUDGMENT
CASE OF THE PROSECUTION :
1. The prosecution story, in nutshell, is that on 09.04.2018 at about 11:30 AM at Mall Road Transport Authority, Delhi accused obstructed DEO Dev Karan in performance of his duty and also used criminal force against him. He STATE VS. BALRAJ MATHUR FIR NO.67/2018 PS TIMAR PUR PAGE NO. 1 / 8 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.08.30 14:22:54 +0530 damaged mirror and computer of transport authority and thereby committed offence punishable u/s 186/353/427 IPC and Section 3 of Prevention of Damage to the Public Property Act.
COURT PROCEEDINGS AND CHARGE :
2. After completion of the investigation, challan was filed in the court.
Charge was framed U/s 186/353/427 IPC and Section 3 of Prevention of Damage to the Public Property Act against accused to which he pleaded not guilty and claimed trial.
EVIDENCE OF THE PROSECUTION :
3. In order to bring home the guilt of the accused, the prosecution examined seven witnesses.
4. PW-1 Kishan Chand Seth is the complainant. He has deposed that on 09.04.2018 at about 11:30AM, when he was present at Delhi Transport Authority (Mall Road), then one person/applicant started talking on the phone in-front of the biometric camera, in front of the Data Entry Operator namely Dev Karan. When the said Data Entry Operator asked him to move away from the counter for talking on the phone, the applicant started misbehaving with him and tried to throw the computer from the table/counter. When Dev Karan took him to the office of I/C Alam Singh, he started shouting and hit his hand at the glass installed at the office of I/C Alam Singh due to which the applicant injured his hand. The applicant was apprehended and I/C Alam Singh called at 100 number. Police officials reached the office and his complaint Ex. PW-1/A was recorded. Site plan was prepared.
Accused was arrested vide arrest memo Ex. PW-1/B. Police official seized the STATE VS. BALRAJ MATHUR FIR NO.67/2018 PS TIMAR PUR PAGE NO. 2 / 8 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.08.30 14:23:01 +0530 broken pieces of the window glass. He failed to identify the accused and case property. He was cross-examined by Ld. APP as he failed to identify accused and case property but even during cross examination he failed to identify the accused and case property.
5. PW-2 Alam Singh has deposed that on 09.02.2018 at about 11- 11:30AM, the data entry operator namely Dev Karan was taking photographs of the applicants. An applicant i.e Balraj Mathur came and was talking on his mobile phone infront of the biometric camera. Dev Karan asked him to stop talking on the phone infront of the camera and go to the side but the applicant started misbehaving with Dev Karan. Dev Karan brought the accused/applicant to his office and there the accused broke down the mirror of his office with his hand. The accused was apprehended there and he made a call at 100 number. He failed to identify the accused and case property. He was cross-examined by Ld. APP as he failed to identify accused and case property. He stated that the accused tried to throw the computer off the counter and the accused started shouting when he was brought to his office. Even during cross examination he failed to identify the accused and case property.
6. PW-3 Ct. Nikhil Kumar has deposed that on 09.04.2018 he was performing his duty from 09.00 AM to 05.00 PM at Mall Road, Authority as beat constable. At around 11:30AM, he heard some noises from inside Mall Road, Authority. When he reached inside the authority, he saw that a person was shouting and hitting the computer. With the help of data operator namely Dev Karan, the person was taken to the Incharge of the DIMS software namely Alam Singh. It was revealed that the person who was shouting and creating ruckus was named as STATE VS. BALRAJ MATHUR FIR NO.67/2018 PS TIMAR PUR PAGE NO. 3 / 8 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.08.30 14:23:07 +0530 Balraj Mathur. The accused continued to shout and abuse at the office staff. The accused also hit a glass and broke the glass due to which he sustained injuries on his hand because of a cut. They caught hold of the accused as he was creating nuisance. Alam Singh dialed 100 number and police officials reached at the spot. SI Ankit and Ct. Suresh came to the spot. Ct. Suresh took the accused to the nearby hospital for his medical examination. SI Ankit met with the inspector of the Mall road authority and on the basis of his complaint, the tehrir was prepared and further investigation took place.
7. PW-4 HC Suresh has deposed that on 09.04.2018 he was on emergency duty from 08.00 AM to 08.00 PM along with SI Ankit. On receiving information regarding quarrel/nuisance vide DD no. 19-A at Mall Road Authority, they reached the spot and met Ct. Nikhil along with the accused and few other persons. They also observed that the glass was broken. As the accused was bleeding from his hand, accused was taken to AAAG hospital for his medical examination in PCR van. After medical of the accused, they returned to the spot. IO prepared seizure memo of the broken pieces of glass Ex. PW-4/A. Accused was arrested vide arrest memo Ex. PW-1/B. Disclosure statement of the accused Ex. PW-4/B was recorded. Personal search of the accused was conducted vide memo Ex. PW-4/C.
8. PW-5 HC Tinku Yadav produced register no.19 in which vide entry no.2698 Ex.PW-5/A SI Ankit Chaudhary deposited the case property i.e. broken pieces of window glass.
STATE VS. BALRAJ MATHUR FIR NO.67/2018 PS TIMAR PUR PAGE NO. 4 / 8
Digitally signed by
APOORV APOORV GUPTA
GUPTA Date: 2024.08.30
14:23:14 +0530
9. PW-6 Sanjay Narula has deposed that he received a request letter from ASI Sanjeev Kumar to provide the CCTV footage of 09.04.2018 but such CCTV footage was not available and he submitted a report Ex. PW-6/A. On 23.10.2020, he issued the complaint U/s 195 Cr.P.C. Ex. PW-6/B against the accused to ASI Sanjeev Kumar and also handed over the copy of attendance register of 25 officials posted at the Mall Road Zonal Office in April 2018. The copy of attendance register along with covering letter is Ex. PW-6/C.
10. PW-7 ASI Sanjeev is the final investigating officer. He has deposed that on 27.04.2020, further investigation of the case was marked to him. During the investigation, he served notice u/s 91 Cr.P.C. Ex. PW-7/A to the Mall Road Authority to provide the CCTV footage of 09.04.2018. He also filed the request application Ex. PW-7/B to the Mall Road Authority to issue the complaint U/s 195 Cr.P.C. He also requested the Mall Road Authority to provide the duty register of officials posted in the Mall Road Zone in April 2018. The MLO handed over to him copy of attendance register Ex. PW-6/C and the complaint U/s 195 Cr.P.C. Ex. PW-6/B. The CCTV footage of 09.04.2018 was not available. He took the result of the MLC of the injured Balraj Mathur and it was found simple. After completing the formalities, he prepared the charge-sheet.
11. PW Dev Karan remained unserved and, as such, he was dropped from list of witnesses.
12. PW SI Ankit Chaudhary passed away and, as such, he was dropped from list of witnesses.
STATE VS. BALRAJ MATHUR FIR NO.67/2018 PS TIMAR PUR PAGE NO. 5 / 8
Digitally signed by
APOORV APOORV GUPTA
GUPTA Date: 2024.08.30
14:23:21 +0530
ADMISSION / DENIAL OF DOCUMENTS :
13. Accused, in his statement under Section 294 Cr.P.C. did not dispute the genuineness and correctness of FIR no. 67/2018 Ex. AD-1, endorsement made on rukka Ex. AD-2, Certificate U/s 65-B I.E. Act Ex. AD-3, DD no. 21-A dated 09.04.2018 Ex. AD-4, MLC No. 936/18 Ex. AD-5 and X-Ray Report qua MLC No. 936/18 along with X-ray sheets Ex. AD-6. In view of the admissions made, the evidence of Dr. P. Ranjan, Dr. Manish and DO/HC Trilok was dispensed with.
STATEMENT / DEFENCE OF THE ACCUSED :
14. Accused was examined U/S 313 Cr. PC and all the material evidence against him was put to him and he refuted all the allegations levelled against him.
He did not deny that :-
(I) He was arrested vide arrest memo Ex. PW-1/B and his personal search was conducted vide memo Ex. PW-4/C. (II) He was taken for medical examination.
He stated that he is innocent and has been falsely implicated in the present matter. However, he preferred not to lead any evidence in his defence.
15. The respective submissions of Sh. Deepak, learned Assistant Public Prosecutor for the State and Sh. H.S.Dubey, learned counsel for the accused have been considered. The record has been thoroughly and carefully perused.
ANALYSIS AND FINDINGS :
16. Allegations against the accused are for offence under Section 186/353/427 IPC and Section 3 of Prevention of Damage to the Public Property Act.
STATE VS. BALRAJ MATHUR FIR NO.67/2018 PS TIMAR PUR PAGE NO. 6 / 8
Digitally signed by
APOORV APOORV GUPTA
GUPTA Date: 2024.08.30
14:23:27 +0530
17. Needless to mention, in criminal law, the burden of proof is on the prosecution to prove its case beyond reasonable doubt. The presumption of innocence of the accused has to be rebutted by the prosecution by adducing cogent evidence that points towards the guilt of the accused. It is for the prosecution to travel the entire distance from 'may have' to 'must have'. If the prosecution appears to be improbable or lacks credibility the benefit of doubt necessarily has to go to the accused persons.
18. Star witness of prosecution were PW-1 Kishan Chand Seth and PW-2 Alam Singh.
19. PW-1 Kishan Chand Seth has deposed that on 09.04.2018 at about 11:30AM, when he was present at Delhi Transport Authority (Mall Road), then one person/applicant started talking on the phone in-front of the biometric camera, in front of the Data Entry Operator namely Dev Karan. When the said Data Entry Operator asked him to move away from the counter for talking on the phone, the applicant started misbehaving with him and tried to throw the computer from the table/counter. When Dev Karan took him to the office of I/C Alam Singh, he started shouting and hit his hand at the glass installed at the officer of I/C Alam Singh due to which the applicant injured his hand. The aforesaid applicant was apprehended and I/C Alam Singh called at 100 number.
20. PW-2 Alam Singh has deposed that on 09.02.2018 at about 11- 11:30AM, the date entry operator namely Dev Karan was taking photographs of the applicants. An applicant i.e Balraj Mathur came and was talking on his mobile phone infront of the biometric camera. Dev Karan asked him to stop talking on the STATE VS. BALRAJ MATHUR FIR NO.67/2018 PS TIMAR PUR PAGE NO. 7 / 8 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.08.30 14:23:34 +0530 phone infront of the camera and go to the side but the applicant started misbehaving with Dev Karan. Dev Karan brought the accused/applicant to his office and there the accused broke down the mirror of his office with his hand. The accused was apprehended there and he made a call at 100 number.
21. PW-1 Kishan Chand Seth and PW-2 Alam Singh have completely exonerated the accused by stating that they could not identify the person who committed the incident neither they could identify the case property.
22. The other witnesses are police officials who joined investigation at one stage or other. Hence, no incriminating evidence has come on record to connect accused with crime. Absolutely, no evidence has come on record to prove as to how the incident took place. With the result, prosecution has failed to bring home the guilt of the accused beyond reasonable doubt. Accordingly, accused Balraj Mathur is entitled to benefit of doubt and is accordingly acquitted of the offence alleged against him.
Digitally signed APOORV by APOORV
GUPTA
ANNOUNCED IN THE OPEN GUPTA (ApoorvDate:
Gupta)
2024.08.30
COURT ON 30th AUGUST, 2024 JMFC-02, Central District
14:23:41 +0530
Tis Hazari Courts/30.08.2024
This judgment consists of 8 pages and each and every page of this judgment is digitally signed by me.
Digitally signed APOORV by APOORV
GUPTA
GUPTA (Apoorv Gupta)
Date: 2024.08.30
14:23:46 +0530
JMFC-02, Central District
Tis Hazari Courts/30.08.2024
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