Delhi District Court
State vs . Ranjeet @ Rana on 19 October, 2012
IN THE COURT OF SH. M. P. SINGH: MM08/NE, DELHI State Vs. Ranjeet @ Rana FIR 275/11 Section 224 IPC PS Karawal Nagar JUDGMENT
Serial no. of the case '07/11/12
Date of commission of offence '20.09.2011
Date of institution of the case '05.12.2011
Name of the complainant Inspector Brijesh Namboori
Name of accused, parentage & address Ranjeet @ Rana s/o Mahavir Singh r/o
House no. 56, Gali - 11, SBS Colony,
Karawal Nagar, Delhi94
Offence complained of or proved Section 224 IPC
Plea of the accused Pleaded not guilty.
Date of arguments '19.10.2012
Final order Convicted
Judgment '19.10.2012
1. The facts are as follows: Ranjeet @ Rana was an accused in FIR 271/11 PS Karawal Nagar under sections 356/379/411 IPC. He was arrested in that case on 28.09.2011 and taken into police custody. He was brought to police station Karawal Nagar for interrogation and was interrogated on the intervening night of 28th29th September, 2011. During this time, he was under the custody of PW6 Ct. Devender. On the next day (29.09.2011) early in the morning at about 05:00 am, he made good his escape from FIR 275/11, PS Karawal Nagar Page 1 of 5 police custody taking advantage of power cut. After his escape from custody, the police personnel made a search for him. His luck soon ran out and he came to be apprehended on that day itself at about 11:00 am from near Toll Tax, Pusta Road, Karawal Nagar, Delhi by PW1 HC Virender and PW3 Ct. Kuldeep. He was brought to the police station and handed over to PW7 SI Neeraj (IO of FIR 271/11, PS Karawal Nagar). PW2 Inspector Brijesh Namboori, the then SHO of PS Karawal Nagar, prepared the tehrir Ex. PW2/A and got the instant case under section 224 IPC registered against the accused Ranjeet @ Rana. PW5 SI Manoj arrested him in this case vide arrest memo Ex. PW4/A and recorded his disclosure statement Ex. PW5/A. On these allegations the accused has been sent up to face trial for the offence under section 224 IPC.
2. To a charge under section 224 IPC the accused Ranjeet @ Rana pleaded not guilty. Prosecution examined eight witnesses. They are as follows: 1) PW1 HC Virender; he along with Ct. Kuldeep reapprehended the accused from Toll Tax, Pusta Road, Karawal Nagar; 2) PW2 Inspector Brijesh Namboori, the then SHO of PS Karawal Nagar, it was on his tehrir Ex. PW2/A that the instant case was registered; 3) PW3 Ct. Kuldeep, he along with HC Virender had reapprehended the accused from Toll Tax, Pusta Road, Karawal Nagar; 4) PW4 Ct. Veerpal; witness to arrest of the accused in the instant case, he signed on the arrest memo Ex. PW4/A; 5) PW5 SI Manoj, IO of the case, he recorded the statement of witnesses and arrested the accused vide arrest memo Ex. PW4/A and recorded his disclosure statement FIR 275/11, PS Karawal Nagar Page 2 of 5 Ex. PW5/A; 6) PW6 Ct. Devender, a witness to escape of the accused from police custody; 7) PW7 SI Neeraj, the IO of FIR 271/11 PS Karawal Nagar;
8) PW8 Inspector Vijay, IO of the case, he recorded the statement of witnesses. During trial, Ld. defence counsel did not dispute genuineness of the FIR. In his statement under section 313 CrPC, the accused alleged false implication and claimed innocence. No defence evidence was led.
3. I have heard the arguments and perused the records of the case.
4. In order to prove its case under section 224 IPC, it is essential for the prosecution to establish that the accused had either (1) intentionally offered resistance or illegal obstruction to his lawful apprehension of any offence with which he had been charged or of which he had been convicted, or (2) escaped or attempted to escape from custody in which he was lawfully detained.
5. The present case of the prosecution rests on the premise that the accused had escaped from police custody after his arrest in FIR 271/11 PS Karawal Nagar under sections 356/379/411 IPC. PW7 SI Neeraj, IO of FIR 271/11 PS Karawal Nagar has proved on record that the accused Ranjeet @ Rana had been arrested and taken into police custody in that case. He also deposed that the accused after his arrest was brought to the police station and kept in a room in the police station for interrogation as there was no lock up in the police station. He further deposed that the accused was under
the custody of PW6 Ct. Devender. It has further come in his testimony that the accused on 29.09.2011 at about 05:00 am, taking advantage of power FIR 275/11, PS Karawal Nagar Page 3 of 5 cut, escaped from police custody. PW6 Ct. Devender also deposed about the lawful arrest of accused in FIR 271/11 PS Karawal Nagar under sections 356/379/411 IPC. He corroborated PW7 SI Neeraj by deposing that the accused escaped from police custody on 29.09.2011 at about 05:00 am, taking advantage of power cut. PW2 Inspector Brijesh Namboori, the then SHO of PS Karawal Nagar also testified about the lawful arrest of the accused in FIR 271/11 PS Karawal Nagar. The crossexamination of these witnesses did not yield anything favourable to accused to detract from the fact that he had indeed been lawfully arrested in FIR 271/11 PS Karawal Nagar. The case FIR 271/11 PS Karawal Nagar is also before this court and perusal of the same reveals that the accused had been taken in custody in that case on 28.09.2011 at 08:00 pm. The arrest memo reflects so. It is therefore clear that there is no escape from the conclusion that the accused was under lawful custody in FIR 271/11 PS Karawal Nagar and that he had escaped from his lawful custody in that case.
6. The prosecution has also proved that the accused was reapprehended on that day itself at about 11:00 am from near Toll Tax, Pusta Road, Karawal Nagar, Delhi. He was reapprehended by PW1 HC Virender along with PW3 Ct. Kuldeep. PW1 HC Virender deposed that the accused was re apprehended on that day itself at about 11:00 am while he was coming from Toll Tax side at the Pusta Road, Karawal Nagar, Delhi. He further deposed that the accused was then brought to the police station and handed over to SI Neeraj. His testimony finds corroboration from that of PW3 Ct. Kuldeep. FIR 275/11, PS Karawal Nagar Page 4 of 5 Both these witnesses are consistent on the aspect of the reapprehension of the accused. There is nothing in their testimonies to detract from their testimonies.
7. Therefore, what we find is that the prosecution has been successful in proving that the accused was lawfully arrested in FIR 271/11 PS Karawal Nagar, but he escaped from lawful detention on 29.09.2011 at about 05:00 am from the police station. He is thus liable to be convicted of the offence under section 224 IPC. It is ordered accordingly.
ANNOUNCED IN THE OPEN COURT M.P. SINGH
ON 19 OCTOBER, 2012
th
MM08/NE/DELHI
FIR 275/11, PS Karawal Nagar Page 5 of 5