Delhi District Court
State vs Dilshad on 26 July, 2014
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IN THE COURT OF MR. PRITAM SINGH, ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE/ SOUTH EAST DISTRICT/ SAKET
COURT COMPLEX, NEW DELHI.
Unique Identification no. 02406R0403902010
Case no. RBT05/6 dated 23.01.2014
FIR No. 238/10
PSBadarpur
State Vs Dilshad
JUDGEMENT
S. No. of Case : RBT05/6 dated 23.01.2014
Date of Commission : 11.9.2010
of offence
Name of Complainant : Ct. Hardeep
Name and address : Dilshad S/o Sh.Farid Ahmad,
of accused R/o H12, Okhla PhaseII, Sanjay Colony,
New Delhi.
Offence Complained : U/s. 25/54/59 of Arms Act
Plea of accused : Not guilty
Arguments heard : 26.07.2014
Date of judgment : 26.07.2014
Final order : Acquitted
1. In brief, the case of the prosecution is that on 11.9.2010 at 6.30 p.m. at Mathura Road, near Mehra Petrol Pump, Badarpur Border, New Delhi, the accused was found in possession of a button actuated knife in contravention of the notification issued by Delhi Administration.
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2. Chargesheet was filed in the court and the accused was supplied complete set of documents. Thereafter, vide order dated 27.9.2010, charge for the offence punishable u/s 25/54/59 Arms Act framed against the accused, to which, he pleaded not guilty and claimed trial.
3. In order to prove charge against the accused, the prosecution has examined two witnesses. HC Sumer, who was the Duty Officer, was examined as PW1 and Ct. Harbir, who was the recovery witness, was examined as PW2. During prosecution evidence, the following documents were exhibited :
(i) Copy of the FIR Ex.PW1/A
(ii) Endorsement on the rukka Ex.PW1/B
(iii) Complaint Ex.PW2/A
(iv) Seizure memo of the case property Ex.PW2/B
(v) Seizure memo of recovered knife and punch Ex.PW2/C & D
(vi) Arrest memo of accused Ex.PW2/E
(vii) Personal search memo of accused Ex.PW2/F
(viii) Case properties i.e. knife and punch Ex.P1 & P2
4. The statement of accused u/s 313 Cr.P.C. was recorded on 26.7.2014 wherein he denied the deposition of witnesses against him being false & interested witnesses. Accused did not lead any defence evidence.
5. Arguments heard. Record perused and considered carefully.
6. The prosecution has examined only two witnesses and both of them are police witnesses. PW2 deposed that on 11.09.2010, he was on area patrolling FIR No. 238/10 State Vs Dilshad 2 of 5 3 duty and during duty at about 6.30 p.m., he reached Mathura Road, near Mehra Petrol Pump, near Badarpur border and he saw that accused was coming from the said of Badarpur Border on foot. PW2 further deposed that on seeing him in uniform, he (accused) became nervous and turned back and started moving fast. On suspicion, he asked him to stop, but accused did not stop and moved fast. After chasing 20 to 25 steps, he caught the accused and on his cursory search, from his right front side pocket of his pant, a buttondar knife was found and a punch was recovered from right back side pocket of his pant. PW2 further deposed that during inquiry, his name was revealed as Dilshand son of Farid, resident of Sanjay Colony, Okhla PhaseII, New Delhi. PW2 further deposed that he informed telephonically to Duty Officer. HC Birpal came at the spot and he handed over punch and buttondar knife and accused to HC Birpal. HC Birpal recorded his statement Ex.PW2/A which bore his signature at point 'A'. HC Birpal prepared pullandas of the said knife and punch and sealed the same with the seal of 'BPS' and seized the same vide memo Ex.PW2/B, which bore his signature at point 'A'. PW2 further deposed that seal after use was handed over to him. HC Birpal also prepared sketches of recovered knife and punch Ex.PW2/C and Ex.PW2/D, which bore his signatures at points 'A', respectively. PW2 further deposed that the total length of the knife was 24 c.m., length of handle was 13 c.m., length of blade was 11 c.m. and width of the blade was 2.5 c.m. and there was a button of brass made use for opening the knife and there were circle marks on the handle of the knife. HC Birpal made endorsement on his complaint and FIR No. 238/10 State Vs Dilshad 3 of 5 4 handed over the same to him for registration of the FIR. He came to the P.S. and got the FIR registered. After registration of the FIR, he returned back at the spot alongwith copy of FIR and original rukka and handed over the same to IO/HC Birpal. IO prepared the site plan at his instance. IO arrested and carried out personal search of the accused vide memos Ex.PW2/E and Ex.PW2/F, which bore his signatures at points 'A', respectively. The brother of accused namely Naushad was informed about arrest of the accused. IO recorded his statement. PW2 correctly identified the accused and the case properties i.e. buttondar knife Ex.P1 and punch Ex.P2 in the court.
7. PW2 did not depose in his deposition whether he had offered his personal search to the accused or not before searching accused, which raises a doubt in the story of the prosecution that knife and punch were recovered from the possession of the accused. As per the prosecution story, the knife and punch were recovered from the possession of the accused on 11.9.2010 at about 6.30 p.m. at Mathura Road, near Petrol Pump, near Badarpur border, New Delhi. PW2 also did not depose that if he or IO had asked any public person to join the investigation. It appears that no sincere efforts were made to join the public persons as witnesses. The nonjoining of public persons at such a common place and common time raise serious doubts in the story of the prosecution that knife and punch were recovered from the possession of accused.
8. In view of the above discussions, I am of the considered view that the prosecution has failed to prove its case against the accused beyond reasonable FIR No. 238/10 State Vs Dilshad 4 of 5 5 doubts and it is well settled law that benefit of doubt always goes in favour of the accused.
9. Accordingly, the accused Dilshad S/o Sh.Farid Ahmad is acquitted from the charge of offence u/s 25/54/59 of Arms Act. Case properties stand confiscated to the State.
Announced in Open Court (PRITAM SINGH )
Dated: 26.07.2014 Additional Chief Metropolitan Magistrate
South East District/Saket Court Complex,
New Delhi/26.07.2014
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