Delhi District Court
State vs . Shashi Bhushan Singh & Anr. on 31 August, 2018
Digitally
signed by
VAIBHAV
VAIBHAV MEHTA
MEHTA Date:
2018.08.31
16:57:58
+0530
State Vs. Shashi Bhushan Singh & Anr.
IN THE COURT OF SH. VAIBHAV MEHTA,
METROPOLITAN MAGISTRATE (SOUTH) 05,
SAKET COURTS, NEW DELHI
State versus Shashi Bhushan Singh & Anr.
FIR No. 771/13
PS Mehrauli
U/s.323/374/34 IPC & Section 23 of
Juvenile Justice Act.
JUDGMENT
1 Serial No. of the case : 2032705/2016
2 Date of commission : 17.10.2013 & on other occasion also i.e. at unknown date, time and place.
3 Date of institution of the case : 01.08.2014 4 Name of complainant : Golu Sharma S/o. Sh.
Subhash Sharma.
5 Name of accused : i) Shashi Bhushan Singh S/o. Sh. Avdesh Kumar Singh R/o. H. No. E-141, Ist Floor, Chattarpur Ext., New Delhi.
Permanent Address : -
Village Englishpur, PS
Aaraa, Distt. Bhojpur, Bihar.
ii) Ms. Anuradha W/o. Sh.
Shashi Bhushan Singh
R/o. H. No. E-141, Ist Floor,
Chattarpur Ext., New Delhi.
Permanent Address : -
H. No. 82, Village
Englishpur, PS Aaraa, Distt.
Bhojpur, Bihar.
FIR No.771/13 PS Mehrauli 1 of 7
State Vs. Shashi Bhushan Singh & Anr.
6 Offence complained of : U/s. 23 of Juvenile Justice
Act, 1996.
7 Plea of accused : Pleaded not guilty
8 Arguments heard on : 24.08.2018
9 Final order : Acquitted
10 Date of judgment : 31.08.2018
BRIEF FACTS OF THE CASE
1 The brief facts of the case are that besides on unknown date, time
at H. No. E-141, Chattarpur Extension, Mehrauli, New Delhi, also on 17.10.2013 at about 9.00 P.M., both accused persons in furtherance of their common intention unlawfully compelled minor Golu Sharma, aged about 8 years at that time to work as house servant in their house against his will and both of them also used to assault him and keep him hungry and took excess work from him against his wishes and misbehaved with him.
Further, on aforementioned date, time and place, both of them in furtherance of their common intention had caused simple hurt to minor Golu Sharma. Thereafter, the present FIR No.771/13 got registered against accused persons namely Shashi Bhushan Singh and Ms. Anuradha for offences U/s.26 JJ Act.
FIR No.771/13 PS Mehrauli 2 of 7 State Vs. Shashi Bhushan Singh & Anr. CHARGE 2 The charge was framed U/s.323/374/34 IPC & Section 23 of
Juvenile Justice Act on 17.01.2017 wherein, both the accused persons namely Shashi Bhushan Singh and Ms. Anuradha pleaded not guilty and claimed trial.
EVIDENCE TO BE LED BY THE PROSEUCTION 3 The prosecution has cited the names of following witnesses i.e. the complainant Master Golu Sharma, Ms. Pooja Talwar, Sh. Rajesh Bhardwaj, SI Veer Singh, Ct. Anoop Singh, Duty Officer HC Vinay Kumar, SI Gopal Singh, SI Manish Kumar & SI Ajay Mishra, which were to be examined.
However, on 17.01.2017, the summons were issued to PW
-1/Master Golu Sharma/the complainant, which were received back as 'unserved' with the report 'incorrect address'. Thereafter, again on 06.05.2017, the summons issued qua PW-1/Master Golu Sharma were received back as 'unserved'. After that, summons were issued to PW- 1/Master Golu Sharma through DCP on 07.06.2017, 21.11.2017 & 26.02.2018 but the same were not executed through DCP on one pretext or the other. In the meanwhile, summons were also issued to PW Sh. Rajesh Bhardwaj and he had appeared but was not examined as the main witness/victim of the present case could not be traced.
FIR No.771/13 PS Mehrauli 3 of 7 State Vs. Shashi Bhushan Singh & Anr.
Thereafter vide order dated 24.08.2018, the summons issued to PW-1/Master Golu Sharma through DCP received back as 'unserved' with the report that process server met the house owner Kadir Ahma, who submitted that Golu Sharma never resided in his house and he does not know him. In view of the said report from DCP (South), the name of this witness was dropped from the list of witnesses vide aforesaid order.
PW-1/Master Golu is the complainant/victim in the present case. Going through the complaint, the contents of the FIR, the charge sheet and other material on record, this Court is of the view that the complainant Master Golu Sharma is the star witness of the prosecution. There is no other eye witness of the present case, who could link both the accused persons with the offences alleged against them in the present case.
Only the complainant could have proved the offences alleged by him qua both the accused persons and the prosecution could not examine the complainant as he could not be traced and was subsequently dropped from the list of witnesses vide order dated 24.08.2018. Non examination of the main witness has turned out to be detrimental for the prosecution's case. Even if the testimonies of the remaining witnesses could be recorded that cannot fill the lacuna left due to failure of prosecution to examine the complainant PW-1 Master Golu Sharma.
FIR No.771/13 PS Mehrauli 4 of 7 State Vs. Shashi Bhushan Singh & Anr. 4 There are no other eye witness of the present case, who could link
the accused with the offences alleged against the accused persons.
5 Therefore, this Court does away with recording of evidence of other formal witnesses. Hence, PE stands closed. Also, nothing incriminating has come on record against both accused persons, therefore, this Court does away with the necessity of recording statement U/s. 313 Cr.P.C. of both accused persons and pronounces judgment.
LEGAL PROVISIONS 6 Section 323 IPC is stated as under:
Punishment for voluntarily causing hurt-- Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 374 IPC is stated as under : -
Unlawful compulsory labour : - Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, or with both.
Section 23 of Juvenile Justice Act (Care & Protection of Children ) Act, 2000 is stated as under : -
FIR No.771/13 PS Mehrauli 5 of 7 State Vs. Shashi Bhushan Singh & Anr.
Punishment for cruelty to juvenile or child - Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.
COURT OBSERVATIONS
7 In view of the non examination of complainant/PW-1 Master Golu, the prosecution cannot prove the offenecs alleged qua both accused persons and therefore, they cannot be found guilty u/s U/s. 374/323 IPC & Section 23 of Juvenile Justice Act. Also it was the complainant who could have proved that it was the accused persons who had compelled him (minor) at that time to work as house servant in their house against his will and both the accused persons used to assault him and keep him hungry and took excess work from him against his wishes and misbehaved with him. Further, it was the complainant, who could have proved that both accused persons had caused simple hurt to him. Therefore, the prosecution has failed to prove the guilt of both the accused persons U/s.374/323/34 IPC & Section 23 of Juvenile Justice Act.
8 For the reasons mentioned above, this Court acquits both accused persons namely Shashi Bhushan Singh and Anuradha of charges u/s FIR No.771/13 PS Mehrauli 6 of 7 State Vs. Shashi Bhushan Singh & Anr.
U/s.374/323/34 IPC & Section 23 of Juvenile Justice Act. Both accused persons are directed to furnish bail bonds and surety bonds u/s 437A Cr.PC.
Announced in the open (VAIBHAV MEHTA )
court on 31.08.2018 MM-5 (South), Saket Courts
New Delhi
FIR No.771/13 PS Mehrauli 7 of 7