Delhi District Court
State vs . Babloo @ Raj Kumar on 23 July, 2018
FIR No. 3662017
P.S.: Patel Nagar
U/s.: 12/9/55 of Gambling Act
IN THE COURT OF SH. JITENDRA SINGH, ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, WEST, TIS HAZARI COURTS, DELHI
State Vs. Babloo @ Raj Kumar
FIR No.: 366-2017
P.S.: Patel Nagar
U/s.: 12/9/55 of Gambling Act
Case No. 2063-2018
1. Date of Commission of Offence : 17.11.2017
2. Date of institution of the case : 26.03.2018
3. Name of the complainant : SI Vikas
4. Name of accused persons, parentage &
address. :(1) Babloo @ Raj Kumar S/o Sh.
Rampal, R/o; T-239, Gauri Shankar
Mandir, Durga Mohalla, Gali No.
22, Baljeet Nagar, Delhi.
(2) Babloo @ Raj Kumar S/o Sh.
Rampal, R/o; T-239, Gauri Shankar
Mandir, Durga Mohalla, Gali No.
22, Baljeet Nagar, Delhi.
5. Offence complained or proved : 12/9/55 of Gambling Act.
6. Plea of Accused persons : Pleaded Not Guilty.
7. Final Order : Convicted.
9. Date of Final Order : 23.07.2018
JUDGMENT
1. Vide this judgment, I shall dispose off, the above captioned case bearing FIR No. 366-2017. The case of the prosecution is that on 17.11.2017 at about 9.30 PM in front of T-496, Gali No. 1, Prem Nagar, Delhi, within the jurisdiction of PS Patel Nagar, accused persons were found gambling with paper slips and thereby accused persons had committed an offence punishable u/s. 12/9/55 of Gambling Act.
2. After the completion of the usual investigation and procedural 23.07.2018 Page 1 of 4 Pages FIR No. 3662017 P.S.: Patel Nagar U/s.: 12/9/55 of Gambling Act requirements, the chargesheet was filed in the Court on 26.03.2018, whereafter cognizance of the offence was taken against the accused persons and provisions of Section 207 Cr. P.C. was also complied.
3. After hearing the prosecution and the defence, notice under Section 251 Cr. P.C. for the offence under Section 12/9/55 of Gambling Act was framed against the accused persons, to which the accused persons pleaded "Not Guilty" and claimed trial.
4. During the course of the trial, the prosecution had examined one witness. Ct. Zile Singh was examined as PW-1.
5. After the completion of the prosecution's evidence, statement of the accused persons were recorded under Section 313 Cr. P.C., wherein the accused persons do not want to lead their defence evidence. In their admission denial accused persons admitted the FIR.
6. I have weighed the rival submissions made on behalf of the prosecution as well as on behalf of the defence in the light of the material appearing on record.
7. Before proceeding further, I need to discuss the relevant legal propositions applicable on to the facts of the case. It is a settled proposition of criminal law that the prosecution is supposed to prove its case on judicial file beyond reasonable doubt by leading reliable, cogent and convincing evidence & that in order to prove its case on judicial file, the prosecution is supposed to stand on its own legs whereby it cannot derive any benefit whatsoever from the weaknesses, if any, in the defence of the accused. Further settled it is, that the primary burden of proof for proving the offences in a criminal trial rests on the shoulders of the prosecution, which burden never shifts on to the accused persons.
8. It is no longer Res Integra that accused pesons are entitled to benefit of every reasonable doubt(s) appearing qua the material facts of the 23.07.2018 Page 2 of 4 Pages FIR No. 3662017 P.S.: Patel Nagar U/s.: 12/9/55 of Gambling Act prosecution's story whereby such reasonable doubt(s) entitles the accused persons to acquittal.
9. In the light of the above discussed legal position, I shall now step forward to divulge my opinion on the respective fate of the accused persons.
10. PW-1 is Ct. Zile Singh, who deposed that on 17.11.17, he was posted at PS Patel Nagar as constable and on that day he was on patrolling duty alongwith IO, Ct. Amarjeet, Ct. Manish and Ct. Pradeep and while patrolling when they reached at Gali NO 1, Prem Nagar, Delhi secret informer informed that satta was being played in Gali NO. 1 and raid is conducted immediately then the said persons could be apprehended. He further deposed that on this information, IO requested 2-3 passersby to join the raid but none of them agreed and left the spot without disclosing their names or addresses. He further deposed that a raiding party comprising of abovesaid staff members was prepared by the IO and when they reached the spot i.e. near T-496, Gali NO. 1, where at the instance of the secret informer, two persons were apprehended. One of said boy namely Babloo was holding register and was writing the satta while other person namely Taqdir was collecting the money and cash was in his hand. He further deposed that some public persons were also present there for playing satta. Both the said persons are present in the court today(correctly identified). He further deposed that from the hand of accused Babloo satta register, satta slips, pen and slips for writing number was was recovered. He further deposed that from the hand of accused Taqdir total cash Rs. 1610/- was recovered. The same was taken into possession by the IO vide memo Ex. PW1/A. The recovered articles were put an envelope and sealed with seal of VD. The seal after use was handed over to Ct. Amarjeet. Thereafter both the accused persons were arrested and released on bail.
The said witness was cross examined by the accused persons.
23.07.2018 Page 3 of 4 Pages FIR No. 3662017 P.S.: Patel Nagar U/s.: 12/9/55 of Gambling Act
11. From the abovesaid testimony of PW1, who is the material witness in the instant matter proves that the accused persons had committed the offence u/s. 12/9/55 of Gambling Act. Despite cross examination of PW-1 nothing has been made out in favour of the accused persons. Thus the aforesaid cumulative and corroborating testimonies of witness clearly proves that the accused persons had committed the offence under Section 12/9/55 of Gambling Act.
DECISION
12. For the reasons assigned hereinabove, I am of the view that the prosecution has successfully proved the offence under Section 12/9/55 of Gambling Act against the accused persons. Accordingly, accused persons are convicted for the offence under Section 12/9/55 of Gambling Act.
13. The arguments on the point of sentence shall be heard separately today itself.
14. A copy of this judgment be given to the accused persons free of cost.
Announced in the open court on 23.07.2018 (JITENDRA SINGH) ACMM/WEST/THC/ DELHI 23.07.2018 Page 4 of 4 Pages FIR No. 3662017 P.S.: Patel Nagar U/s.: 12/9/55 of Gambling Act 23.07.2018 Page 5 of 4 Pages IN THE COURT OF SH. JITENDRA SINGH ADDL. CHIEF METROPOLITAN MAGISTRATE : WEST TIS HAZARI COURTS : DELHI FIR No. 3662017 U/S. 12/9/55 of Gambling Act PS Patel Nagar State Vs. Babnloo etc. Case ID No. 20632018 ORDER ON POINT OF SENTENCE Present: Ld APP for state.
Convict persons are present in person.
I have heard Ld APP for State as well as Convict persons on the point of sentence and have perused the record.
It is submitted by Convict persons that they are the sole bread earner for their family. It is further submitted by the convict persons that they are not previous convict and they are first time offender. Convict persons have prayed for a lenient view.
On the other hand Ld APP for State submitted that the convict persons be sentenced to maximum punishment as prescribed for the offence in question.
In the present case convict persons have been convicted for offence punishable u/s. 12/9/55 of Gambling Act. No previous conviction State Vs. Babloo etc. ; FIR No366/17; PS PN 2/2 has been alleged or proved against convict persons. The convict persons are not involved in any such case, as stated by them. Convict persons are having a family to support.
Keeping in view the facts and circumstances of the case and also the fact that the accused persons are facing the trial for the commission of offence u/s. 12/9/55 of Gambling Act. Accordingly, accused persons sentence to pay a fine of Rs.500/ (each). SI for two days in default of fine. Fine paid. B/B and S/B stands discharged. Original, if any be returned after cancellation of endorsement. File be consigned to record room after due compliance.
Announced in open Court JITENDRA SINGH i.e. the 23rd July, 2018 ACMM:WEST DISTT:DELHI State Vs. Babloo etc. ; FIR No366/17; PS PN 2/2
State Vs. Babloo etc. ; FIR No366/17; PS PN 2/2