Delhi District Court
State vs Waseem on 19 April, 2014
IN THE COURT OF MS.AMBIKA SINGH: METROPOLITAN MAGISTRATE-06:
CENTRAL DISTRICT, TIS HAZARI COURTS
DELHI
FIR No. 103/2006
State V/s Waseem
U/S 324 IPC
PS Sadar Bazar
CC No. 556/2
U. ID No.02401R0665592006
Date of Institution :04.08.2006
Date of commission of offence :29.03.2006
Name of the complainant : Sh. Govind Sharma, S/o Sh. Suresh
Sharma
Name and address of accused : Waseem, S/o Sh. Shahid Ahmed,
R/o 8182
Offence charged with :U/s 324 IPC
Plea of guilt : Pleaded not guilty.
Final Order : Acquitted
Date on which order has been reserved : 19.04.2014
Date of pronouncement of Judgment : 19.04.2014
JUDGMENT
1 The Prosecution has filed the charge sheet against the accused namely Waseem u/s 324 IPC. The case of the prosecution in brief is as under:-
That the accused namely Waseem son of Sh. Shahid Ahmed on 29.03.2006 at about 3.30 p.m at Kuhara Chowk, Teliwara, Sadar Bazar, Delhi FIR No. 103/2006 State Vs Waseem 1/3 within the jurisdiction of PS Sadar Bazar, Delhi he caused simple injury to complainant Sh. Govind Sharma with sharp weapon and thereby committed an offence punishable u/s 324 IPC and within the cognizance of the Court.
2 After investigation, the accused was charged for the said offence on 26.05.2010 to which he pleaded not guilty and claimed trial.
3 In support of its case, prosecution has examined the eye witness Sh. Rakesh as PW1, who flatly turned hostile and was cross-examined by the Ld. APP for state at length, but no fruitful purpose was served.
4. PW2 Dr. Om Parkash deposed that one person namely Govind Sharma S/o Sh. Suresh Sharma aged 30 years, has come to hospital and his MLC No. 2822/06 is Ex. PW-2/A. He further deposed that the patient was absconding as per record.
5. Today the matter is fixed for remaining PE. However, perusal of the case file reveals that the main eye-witness, who is the injured Sh. Govind Sharma has already been dropped from the array of prosecution witnesses, since he remained unserved even despite service through DCP (North) vide order dated 07.09.2012. Another PW Sh. Rakesh, who is the eye-witness of the present case turned hostile. He though, admitted that he has signed the blank papers and denied having knowledge about the contents of those papers.
6. It is well settled law that trial of the case should not be proceeded with if no incriminating evidence appears against the accused person. In the present case, the main complainant/injured Govind Sharma has not appeared in the court and therefore dropped from the array of prosecution witnesses. Another witness Rakesh has turned hostile and has not supported the case of the FIR No. 103/2006 State Vs Waseem 2/3 prosecution.
7. Perusal of the list of prosecution witnesses reveals that all the other witnesses are merely police officials and doctors, who are not the eye witness of the case and their testimony would be only hear-say.
8. Since nothing incriminating has come on record till date, statement of the accused persons was dispensed with in view of the judgment of Hon'ble Supreme Court of India in Satish Mehar Vs. State of Delhi Administration & Ors. 1996, JCC 507, wherein Hon'ble Court held:
"In a case, where, there is no prospect of the case ending in conviction, the valuable time of the Court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on the future date."
8. In view of the same, as the prosecution has failed to establish its case, all the accused namely Waseem is acquitted of the offence u/s 324 IPC.
Announced in the open court Today on 19th April, 2014.
(Ambika Singh)
Metropolitan Magistrate-06(Central)
Tis Hazari Courts, Delhi
FIR No. 103/2006 State Vs Waseem 3/3