Delhi District Court
Sc No: 44/20 State vs . Shyam Singh & Others. on 12 September, 2022
SC No: 44/20 State Vs. Shyam Singh & Others.
IN THE COURT OF SH. GAUTAM MANAN
ADDITIONAL SESSIONS JUDGE-02
SOUTH-WEST, DWARKA COURTS, DELHI
In the matter of:-
SC No. 44/2020
CNR No. DLSW01-000494-2020
FIR No. 474/2014
Police Station Chhawla
Under Section 328/323/354/34 IPC
State
Versus
(1) Shyam Singh (since deceased)
S/o Sh. Indraj Singh
R/o A-12, Dharampura,
Najafgarh, Delhi.
(2) Abhay Kumar
S/o Sh. Jagdish Prasad
R/o A-64, Dharampura,
Najafgarh, Delhi,
(2) Om Prakash @ Afsar
S/o Sh. Hanumant Singh
R/o A-11, Dharampura,
Najafgarh, Delhi. ...Accused Persons
Judgment. Page No. 1 of 7.
SC No: 44/20 State Vs. Shyam Singh & Others.
Date of institution 16.01.2020
Judgment reserved on 12.09.2022
Judgment Pronounced on 12.09.2022
Decision Acquitted
JUDGMENT
1. Accused persons are facing trial in present case on allegations of administering intoxicating substance, assaulting and giving beatings to prosecutrix.
2. FIR in question was registered on the complaint complainant/prosecutrix "R" (PW1), who stated that on 09.08.2014, when she was at her house, her employer Thekedar Afsar called her many times for work at 9.00 am. Due to some urgent work at her home, she could not go during day time and at about 5.00 pm, she reached at Goyla Dairy for work where Thekedar Afsar along with two other persons met her. On the asking of Thekedar Afsar, prosecutrix sat in the car of Thekedar Afsar and he made prosecutrix to drink campa cola mixed with some intoxicating substance. Later, they all tried to misbehave/ do wrong act with her and when she stopped them, they all gave beatings to prosecutrix. One of the assailant, hit glass plate on the head Judgment. Page No. 2 of 7.
SC No: 44/20 State Vs. Shyam Singh & Others.
of prosecutrix due to which she became unconscious. When she regained consciousness, Manisha along with one of her friend took prosecutrix to hospital from where she was referred to RTRM Hospital. Prosecutrix stated that on 10.08.2014, when she felt more uncomfortable she called at
100. PCR van came and took her to hospital.
3. After culmination of investigation, accused Shyam Singh, Abhay Kumar Jain and Om Prakash @ Afsar were charge-sheeted. After complying with provisions of Section 207 CrPC, case was committed to the Court of Sessions.
4. Accused Shyam Singh unfortunately got expired and vide orders dated 13.01.2020 passed by Ld. MM, proceedings against accused Shyam Singh were abated.
5. On 26.04.2022, charge u/s 328/323/354/34 IPC was framed against accused Abhay Kumar Jain and Om Prakash @ Afsar to which they pleaded not guilty and claimed trial.
Judgment. Page No. 3 of 7.
SC No: 44/20 State Vs. Shyam Singh & Others.
6. To prove its case, prosecution examined complainant PW1 "R" who did not support the prosecution case and deposed that on the date of incident, some altercation took place between her and accused Shyam Singh. During that altercation she sustained injuries through a crockery plate on her head. She was declared hostile witness and was cross- examined by Ld. Additional PP. During her cross- examination, prosecutrix denied to have sustained injuries due to any act of accused persons and deposed that accused persons did not misbehave or did wrong act with her.
7. PW2 Manisha deposed that prosecutrix was mother of her friend. On the date of incident, prosecutrix was abusing accused persons in a marriage party and a quarrel took place. After some time, one of the person took away prosecutrix from marriage function. Prosecutrix fell down on the brick lying there and sustained injuries. Thereafter, PW2 took her to a primary health center/dispensary at Najafgarh for treatment from where she was referred to RTRM Hospital. After treatment, PW2 dropped prosecutrix at her house and handed over her belonging to her friend.
Judgment. Page No. 4 of 7.
SC No: 44/20 State Vs. Shyam Singh & Others.
8. Statement of accused persons was recorded wherein they admitted FIR Ex. PX-1, certificate u/s 65B of Indian Evidence Act in support of computerized record of FIR Ex.PX-2, MLC of prosecutrix Ex.PX-3, statement u/s 164 CrPC of prosecutrix Ex.PX-4 and arrest memos Ex.PW1/PX- 2 to Ex.PW1/PX-4.
9. Except statement of prosecutrix and PW2, there was no other material on record to link accused persons with the alleged act. Since material witnesses PW1 & PW2 did not support the case of prosecution on material aspects and deposed nothing incriminating against accused persons, prosecution evidence was ordered to be closed.
10. As no incriminating evidence came on record against accused persons, recording of statement u/s 313 CrPC of accused persons was dispensed with.
11. I have heard State through Sh. Pramod Kumar, ld. Additional PP for State and Sh. Mahender Kumar, ld. defense counsel. I have also perused entire material on record.
Judgment. Page No. 5 of 7.
SC No: 44/20 State Vs. Shyam Singh & Others.
12. It is not disputed that prosecutrix PW1 is the victim and PW2 is cited as only eye witness. PW1 and PW2 have not supported case of the prosecution. It is observed that witnesses have deposed that on the date of incident, an altercation took place between prosecutrix and accused Shyam Singh and other accused persons and during that scuffle she sustained injuries.
13. During cross examination conducted by Ld. Additional PP for State prosecutrix denied suggestions regarding administration of intoxicating substance to her and also denied the suggestion that she was misbehaved or beaten by accused persons.
14. For the above reasons, it is held that the prosecution has failed to establish any of the charges against accused persons Abhay Kumar Jain and Om Prakash @ Afsar. Accordingly, accused persons Abhay Kumar Jain and Om Prakash @ Afsar stands acquitted. Their personal bonds are canceled and surety are discharged. Documents, if any, be returned to the surety.
Judgment. Page No. 6 of 7.
SC No: 44/20 State Vs. Shyam Singh & Others.
15. In terms of Section 437(A) CrPC accused persons are directed to furnish personal and surety bond in the sum of Rs.10,000/- each for period of six months. File be consigned to record room.
Announced in the open Court on 12th day of September, 2022.
Digitally signed by GAUTAM GAUTAM MANAN
MANAN Date: 2022.09.13
11:40:21 +0530
GAUTAM MANAN
Additional Sessions Judge-02
South-West, Dwarka Courts, Delhi.
Judgment. Page No. 7 of 7.