Delhi District Court
State vs . Virender Kumar on 9 March, 2016
IN THE COURT OF SH. KAPIL KUMAR, MM-06,
(NORTH)ROHINI COURTS, DELHI
State Vs. Virender Kumar
PS. Adarsh Nagar
1. FIR No. : 141/05
2. Date of Offence : 27.03.2005
3. Name of the complainant : Ct Shyam Bhadur
No. 2268/NW
4. Name, parentage and Address : Virender Kumar
of the accused S/o Sh Nanak Chand
R/o H. no. 74/5548 Regar
Pura, Karol Bagh, Delhi.
5. Offences complained of : 279/338 IPC
6. Plea of the accused : Pleaded not guilty.
7. Date of reserving the order : 20.01.2016
8. Sentence or final order : Convicted
9. Date of order : 09.03.2016
10.Unique ID No. : 02404RO155952006
JUDGMENT
1. The case of the prosecution against the accused is that on 27.03.2005 at 8 PM at GTK Road, Azad Pur Red Light within the jurisdiction of PS Adarsh Nagar FIR No. 141/05 Unique ID no. 02404R0155952006 1/8 he was found driving a scooter bearing temporary registration no. DL 8STC 0453 in rash and negligent manner and while so driving hit against one pedestrian namely Lokender Singh and caused grievous injuries to him.
2. After investigation, charge-sheet was filed against the accused. The copy of charge-sheet and annexed documents were supplied to accused in compliance of Section 207 Cr. P.C. Thereafter Notice under section 279/338 IPC was served upon the accused to which he pleaded not guilty and claimed trial.
3. In support of its version, prosecution examined 7 witnesses. PW-1 is HC Harjeet Singh, PW-2 is HC Dharam Pal, PW-3 is ASI Devender Kumar, PW-4 is Shyam Bhadur, PW-5 is Dr Neeraj Chaudhary, PW-6 is Ct Rajbir and PW-7 is SI Hira Lal.
4. After conclusion of prosecution evidence, statement of accused was recorded. Accused opted not to lead DE.
5. I have heard Ld. APP for State and Ld Counsel for accused. I have perused the record.
6. The testimonies of prosecution witnesses are being touched upon in brief as follows:-
Eye witnesses 6.1 PW- 2, HC Dharam Pal deposed that on 27.03.2005 he was posted at PCR FIR No. 141/05 Unique ID no. 02404R0155952006 2/8 and was Incharge of Commander 47 and was present at GTK Road, Azad Pur Red Light opposite Cinema Hall. He deposed that at about 8:10 PM he saw one person crossing a road and there two wheeler bearing registration no. DL 8STC 0453 was coming from the side of Azad Pur in fast speed negligently and hit against pedestrian who was crossing the road. He deposed that at the time of the accident the offending vehicle was being driven by the accused present in the court.
6.2 PW-4, Ct Shyam Bhadur deposed that on 27.03.2005 he was posted at PS Adarsh Nagar and was on patrolling duty. He deposed that when he reached Azad Pur Red Light GTK Road, he found one scooter bearing temporary registration no. DL 8STC 0453 coming from the side of Azad Pur in fast speed and rash and negligent manner and hit against one pedestrian who was crossing the road. He deposed that scooter was being driven by the accused.
He correctly identified the accused.
Witnesses of investigation 6.3 PW- 6 Ct Rajvir deposed that on 27.03.2005 after receiving DD no. 38 B he along with IO SI Hira Lal went to the place of accident where they found a scooter no. DL 8STC 0453 in accidental condition. He deposed that he met Ct Shyam Bhadur. They came to know injured has been shifted to hospital. IO collected the MLC of injured Lokender Singh and returned to the spot. Statement of Ct Shyam Bhadur was recorded which is ExPW4/A. Rukka was prepared and FIR got registered. Offending vehicle was seized vide ExPW6/A and DL was seized vide ExPW6/B. Accused was arrested vide ExPW6/C. 6.4 PW-7 SI Hira Lal deposed that on 27.03.2005 after receiving DD no. 38 B he along with CtRajvir went to the spot of accident and met Ct Shyam Bhadur FIR No. 141/05 Unique ID no. 02404R0155952006 3/8 there and found a scooter bearing registration no. DL 8STC 0453 in accidental condition. MLC of injured was collected. Statement of Ct Shyam Bhadur was recorded. Rukka was prepared and FIR got registered. Thereafter site plan ExPW7/B was prepared. Offending vehicle and DL of accused was seized. Accused was arrested and was personally searched. Accused was released on bail. Case property deposited in malkhana. Mechanical inspection of the offending vehicle was got conducted. Investigation was concluded and charge sheet was filed.
Doctor 6.5 PW-5 Dr Neeraj Chaudhary proved MLC of injured Lokender as ExPW5/A. Formal Witness 6.6 PW-1 HC Harjeet Singh deposed that on 27.03.2005 he was posted in PS Adarsh Nagar as Duty Officer and on that day at about 10:20 PM he received rukka through Ct Rajvir sent by SI Hira Lal, on the basis of which the present FIR ExPW1/A was recorded.
6.7 PW-3 ASI Devender Kumar deposed that on 29.03.2005 he conducted the mechanical inspection of scooter bearing temporary registration no. DL 8STC 0453 on the request of SI Hira Lal. He proved his mechanical inspection report as ExPW3/A.
7. It is the cardinal principle of Criminal Justice delivery system that the prosecution has to prove the guilt of accused persons beyond reasonable doubts. No matter how weak the defence of accused but, the golden rule of the Criminal Jurisprudence is that the case of the prosecution has to stand on its FIR No. 141/05 Unique ID no. 02404R0155952006 4/8 own leg.
8. The offences for which the accused has been charged are 279 IPC and 338 IPC. These offences requires rash and negligent driving by the accused resulting into the grievous injury to a third person. The first question arose is whether the accused was driver of the offending vehicle or not. It is pertinent to mention here that the identity of vehicle i.e scooter bearing temporary registration no. DL 8STC 0453 has not been disputed during the trial. The same came in the testimony of PW-4. Regarding the identity of accused as the driver of the offending vehicle the testimony of PW-2 and PW-4 is relevant. PW-2 and PW-4 both were examined as eye witnesses of the present case. Both PW-2 and PW-4 are government officials. PW-2 correctly identified the accused as the driver of the offending vehicle during his examination in chief. PW-2 was cross examined after around 6 years then also his testimony qua the identification of accused remain unshaken. PW-4 Ct Shyam Bhadur also correctly identified the accused as driver of offending vehicle. PW-4 was cross examined twice. One on 08.01.2010 and another time on 05.11.2015 when the application of accused U/s 311 Cr.PC was allowed. During the first cross examination of PW-4 conducted on 08.01.2010, this was not the defence of accused that he was not driver of the offending vehicle. In the cross examination conducted on 08.01.2010 it was put to PW-4 that the accident was not caused with the scooter being driven by the accused and it was also suggested that accused was driving the vehicle in moderate speed. The suggestion that the accused was driving the offending vehicle in moderate speed impliedly carves out the admission of the accused that on the day of FIR No. 141/05 Unique ID no. 02404R0155952006 5/8 accident he was driving the offending vehicle. By virtue of testimony of PW-2 and PW-4, who stood to the test of cross examination, coupled with the suggestion put by Ld Defence Counsel as to the driving of offending vehicle by accused in moderate speed, proves on records that the accused was the driver of offending vehicle on the day of accident.
9. By virtue of above discussion the identity of accused as the driver of offending vehicle and the identification of offending vehicle came on record. This is nowhere disputed that the accident took place with between a scooter bearing temporary registration no. DL 8STC 0453 and a pedestrian on 27.03.2005 at about 8 PM at GTK Road, Azad Pur Red Light. Thus the date, time and place of the accident also proved on record.
10. Now, the last poser is whether the accused was driving the vehicle in rash or negligent manner or not. PW-2 deposed that on 27.03.2005 he was posted at Incharge of commander 47, PCR North-West Zone and was present at GTK Road, Azad Pur red light. He deposed that at about 8:10 PM he saw one person crossing a road and there a scooter bearing temporary registration no. DL 8STC 0453 came in fast speed, in rash and negligent manner and hit against the pedestrian. In the cross examination of PW-2 it was not put to him that the accused was not driving the vehicle in rash and negligent manner. The only defence was taken to the effect that accused did not commit the accident. I found no reason to disbelieve the testimony of PW-2 merely on the ground that he is a police official.
FIR No. 141/05 Unique ID no. 02404R0155952006 6/8
11. Qua the alleged rash and negligent driving by the accused the testimony of PW-4 Ct Shyam Bhadur is also relevant. PW-4 deposed that on 27.03.2005 he was posted in PS Addarsh and was on patrolling duty. He deposed that when he reached at Azad Pur red light GTK Road, he saw a scooter bearing temporary registration no. DL 8STV 0453 coming from the side of Azad Pur in rash and negligent manner and hit against pedestrian who was crossing the road. It was put to PW-4 that accused was driving the vehicle in moderate speed which was categorically denied by PW-4. He deposed in cross examination that the injured was crossing the road from the side of pavement. If the injured was crossing the road from the side of pavement then there is no contributory negligence on the part of the pedestrian. PW-4 stood the test of cross examination twice and his testimony remained unshaken. If a person who is driving the vehicle on a main road and hitting a pedestrian who is crossing from the pavement then this itself is rash and negligent driving. There was no mechanical defect in the scooter, same is clear from the testimony of PW-3 Retd ASI Devender Kumar whose testimony went unchallenged. The mechanical inspection report was proved as ExPW3/A. Further two eye witnesses have categorically deposed that accused was driving the offending vehicle in rash and negligent manner. There is nothing on record which could even suggest minutely that PW-2 and PW-4 are not telling the correct facts. By virtue of testimony of PW-2 and PW-4 it is came on record that on the day of accident that accused was driving the offending vehicle in rash and negligent manner.
FIR No. 141/05 Unique ID no. 02404R0155952006 7/8
12. By virtue of testimony of PW-5 Dr Neeraj Chaudhary, MLC of the injured Lokender was proved as ExPW5/A. Vide ExPW5/A it is clear that injured Lokender sustained grievous injuries. PW-5 was not cross examined on behalf of accused. Thus the testimony of PW-5 went unchallenged and unrebutted.
13. Accordingly, in view of above discussion it came on record that on 27.03.2005 at about 8 PM at GTK Road, Azad Pur Red Light, within jurisdiction of PS Adarsh Nagar accused was driving a scooter bearing temporary registration no. DL 8STC 0453 in rash and negligent manner and hit against the pedestrian namely Lokender Singh which resulted into grievous injury to him. Thus all the ingredients of the offence U/s 279/338 IPC stands proved.
14. Accordingly the accused is convicted for the offence U/s 279/338 IPC. Copy of this judgment be supplied to accused free of cost. Be heard on point of sentence.
Announced in the open court (KAPIL KUMAR)
on 09.03.2016 Metropolitan Magistrate-06
North District, Rohini Court
FIR No. 141/05 Unique ID no. 02404R0155952006 8/8
FIR No. 141/05 Unique ID no. 02404R0155952006 9/8