Delhi District Court
State vs . Sahil on 30 January, 2017
IN THE COURT OF SHRI AJAY KUMAR MALIK: MM
(WEST) -02 TIS HAZARI COURTS : DELHI
State Vs. Sahil
FIR No.: 1269/15
PS: Rajouri Garden
U/S: 224 IPC
Unique Case ID No. :69033/2016
Date of institution of case :20.10.2015.
Date on which case reserved for :21.01.2017.
judgment
Date of judgment :30.01.2017.
JUDGMENT U/S 224 IPC
a)Date of offence :30.08.2015.
b)Offence complained of :U/s 224 IPC
c)Name of accused, his parentage :Sahil
& residence S/o Mohd. Niyaz
R/o E-50, J.J. Colony,
Raghuvir Nagar, Delhi.
d)Plea of accused :Pleaded not guilty
e)Final Order :Accused convicted for
the offence U/s 224
IPC.
JUDGMENT
FIR No.1269/15 State Vs. Sahil Page No. 1 of 6
BRIEF REASONS FOR THE DECISION OF THE CASE:-
1. On 30.08.2015, ASI Veerpal made the complaint to SHO PS Rajouri Gardent thereby stating that during course of investigation in case FIR No. 11031/15 PS Tilak Nagar U/s 379/411 IPC one custodial accused - Sahil was taken to bus stand Raghuvir Nagar for searching the co-accused. Accused -
Sahil was in by hand custody of Ct. S. Gopiya No. 849/W. At about 06:15 PM accused - Sahil pushed Ct. S. Gopiya and escaped from his custody. On the complaint, the FIR U/s 224 IPC was registered. IO/SI Manohar Lal prepared the site plan at the instance of the complainant, seized the torn shirt of accused - Sahil and recorded the statement of witnesses. Accused - Sahil was apprehended by the police of PS Tilak Nagar and on the permission of the court IO/SI Manohar Lal arrested the accused in the present case and recorded his disclosure statement. After completion of investigation, IO filed charge sheet U/s 173 Cr. P.C. against the accused in the court.
2. The cognizance of offence was taken and copy of charge sheet were supplied to accused. After compliance of provisions U/s 207 Cr.P.C. the charges were framed against FIR No.1269/15 State Vs. Sahil Page No. 2 of 6 accused on 01.12.2015 U/s 224 IPC to which he pleaded not guilty and claimed trial.
3. In order to prove the case Prosecution got examined one witness. On 19.01.2017, during the course of evidence accused submitted that in order to avoid any delay in the trial he wants to admit certain documents. Accused stated that he will not dispute the genuineness and admitted DD No. 25-B dated 30.08.2015 as Ex.P1, DD No. 5-B dated 31.08.2015 as Ex.P2, DD No. 74-B dated 31.08.2015 as Ex.P3, DD No. 82-B dated 31.08.2015 as Ex.P4, DD No. 48-B dated 03.09.2015 as Ex.P5, disclosure statement of accused as Ex.P6, copy of FIR No. 011031/15 as Ex.P7, arrest memo in FIR no. 011031/15 as Ex.P8 and case property as Ex.P9.
4. Prosecution examined ASI Veer Pal as PW1 who deposed that on 30.08.2015, he was posted at PS Tilak Nagar as ASI. PW1 further deposed that on that day, EFIR No. 11031/15 U/s 379/411/34 IPC of PS Tilak Nagar, one day PC Remand of accused Sahil was obtained and handed over him in the custody of Ct. S Gopiya under the supervision of PW1. PW1 further deposed that accused was medically examined at DDU Hospital and brought the MLC of the accused as Mark-X. PW1 took the accused alongwith Ct. S Gopiya for the search of co-accused and FIR No.1269/15 State Vs. Sahil Page No. 3 of 6 reached at Bus Stand 857, Raghubir Nagar where at around 6:15 pm accused Sahil forcibly pushed Ct. S Gopiya and caught free his hand from the custody of Ct. S Gopiya and tried to run away from the spot. In the meanwhile Ct. S Gopiya caught the shirt of accused but the shirt tore down in the scuffle and the accused ran away from the spot and he hide himself in the under construction building and jumped from the said building and reached at Guru Gobind Singh Hospital and ran away from the spot. PW1 alongwith Ct. S Gopiya searched for the accused but could not find him. PW1 lodged his complaint at PS Rajouri Garden which and proved the same as Ex. PW-1/A. PW1 further deposed that thereafter, IO/SI Manohar Lal prepared the Site Plan at his instance and proved the same as Ex.PW-1/B. PW1 further deposed that IO seized the shirt of the accused vide seizure memo and proved the same as Ex.PW-1/C. PW1 correctly identified the accused in the court. PW1 further deposed that IO recorded his statement and present FIR was registered and proved the same as Ex. PW-1/D. PW1 arrested the accused on the next day in the case FIR No. 11031/15 PS Tilak Nagar and informed about the arrest of accused to the police officials of PS Rajouri Garden vide DD No. 84B dated 31.08.2015. PW1 proved FIR No.1269/15 State Vs. Sahil Page No. 4 of 6 the DD No. 84B dated 31.08.2015 as Ex. PW-1/E. PW1 further deposed that IO/SI Manohar Lal formally arrested the accused in the present case FIR vide arrest memo and proved the same as Ex.PW-1/F and conducted personal search of the accused vide personal search memo and proved the same as Ex. PW-1/G.
5. Thereafter, on 19.01.2017, in view of admission of documents by the accused and at request of Ld. APP for the State, P.E. was closed.
6. All the incriminating evidence/material was then put to accused which he denied in his statement dated 20.01.2017 recorded U/s 313 Cr.P.C submitting the present case to be false. He wished however not to lead any defence evidence.
7. Final arguments advanced. I have perused the case record.
8. It is observed by this court that PW-1 has specifically deposed the incident and has correctly identified the accused in the court as the person who absconded from the custody of Ct. S. Gopiya during the course of investigation in case FIR No. 11031/15 PS Tilak Nagar. The accused admitted DD No. 25-B dated 30.08.2015 as Ex.P1, DD No. 5-B dated 31.08.2015 as Ex.P2, DD No. 74-B dated 31.08.2015 as Ex.P3, DD No. 82-B FIR No.1269/15 State Vs. Sahil Page No. 5 of 6 dated 31.08.2015 as Ex.P4, DD No. 48-B dated 03.09.2015 as Ex.P5, disclosure statement of accused as Ex.P6, copy of FIR No. 011031/15 as Ex.P7, arrest memo in FIR no. 011031/15 as Ex.P8 and case property as Ex.P9. It is observed that prosecution has successfully proved the arrest memo Ex.PW1/F of accused - Sahil which proves his rearrest after absconding from the police custody. The accused not cross examined the PW1 who happens to be the complainant and eye witness to the escape of the accused from the police custody. The factum of custody of accused in case FIR No. 11031/15 PS Tilak Nagar has been proved by the prosecution and his rearrest with the permission of court vide arrest memo Ex.PW1/F has also been proved, hence, the prosecution has successfully proved the charges U/s 224 IPC against the accused.
9. In view of above observations, accused - Sahil is convicted for the offence U/s 224 IPC in the present case FIR. Copy of this judgment be given dasti to the convict free of cost. Announced in the open Court on this 30th Day of January, 2017 (AJAY KUMAR MALIK) MM(West)-02/THC 30.01.2017.
FIR No.1269/15 State Vs. Sahil Page No. 6 of 6