Delhi District Court
State vs . Rakesh Kumar on 9 October, 2019
IN THE COURT OF SH. RAVINDER SINGH,
METROPOLITAN MAGISTRATE 01,
SOUTHWEST, DWARKA COURTS, DELHI
State Vs. Rakesh Kumar
FIR No. : 95/19
P.S. : Domestic Airport
U/s. : 4 (c) DPTMT Act
JUDGMENT
S.No. of the Case : 15043/19
Date of Commission of Offence : 31.07.2019
Date of institution of the case : 21.08.2019
Name of the complainant : ASI Mukesh Mishra
Name of the accused parentage : Rakesh Kumar
& address S/o Ganga Ram
H. No. B1/119
Shivram Park,
Nangloi, Delhi.
Offence complained off : U/s 4 (c) DPTMT Act
Plea of Accused : Not guilty
Final Order : Convicted
Date of Final Order : 09.10.2019
Prologue (Prosecution version)
1. As per Prosecution, on 31.07.2019 at about 5:30 AM at Ola/ Uber Parking Domestic Airport, New Delhi within the jurisdiction of PS Domestic Airport, the accused Rakesh Kumar was found indulging in touting by soliciting the passengers coming from the arrival hall on the pretext of providing them cheap taxi service and hotels on discounted rates in Delhi and thereby committed an offence State Vs. Rakesh Kumar FIR No. 95/19 PS Domestic Airport Page NO. 1 punishable u/s 4 (c) of Delhi Prevention of Touting and malpractices against Tourists Act, 2010 (herein after said as DPTMT Act). After completion of the investigation, chargesheet was prepared and filed in court.
2. On the basis of chargesheet and annexed documents, cognizance was taken and accused was summoned to face trial. On appearance of the accused, provisions of Section 207 of the Criminal Procedure code (herein after said as "the Code") were complied with and after hearing arguments, notice qua offence u/s 4 (c) of DPTMT Act was framed and served upon the accused to which the accused pleaded "Not Guilty" and claimed trial.
Trial
3. In order to prove its case, prosecution examined only two witnesses. PW1 ASI Ishwar Singh and PW2 ASI Mukesh Mishra. Now coming to the testimonies of the prosecution witnesses in detail.
4. Firstly coming to the testimony of PW1 ASI Ishwar Singh, PW1 ASI Ishwar Singh deposed in his testimony that on 31.07.2019, he on receiving DD No. 7B Ex. PW1/A went to the Ola/ Uber Parking, Domestic Airport and found the complainant ASI Mukesh Mishra along with accused Rakesh Kumar. PW1 further correctly identified the accused present in the court. PW1 further deposed that he prepared tehrir Ex. PW1/B bearing his signature at A on the statement of ASI Mukesh Mishra. PW1 further deposed that he sent ASI Mukesh Mishra to the PS concerned along with Tehrir. PW1 State Vs. Rakesh Kumar FIR No. 95/19 PS Domestic Airport Page NO. 2 further deposed that after getting the case registered, the said ASI Mukesh Mishra returned along with the tehrir and the copy of the FIR Ex. A1. PW1 further deposed that he arrested the accused Rakesh Kumar vide arrest memo Ex. PW1/C bearing his signature at point A. PW1 further deposed that he prepared site plan Ex. PW1/D bearing his signature at point A at the instance of the ASI Mukesh Mishra. PW1 further deposed that after the arrest, the accused was released on bail. PW1 further deposed that he also recorded the statement of the complainant ASI Mukesh Mishra. PW1 further deposed that after the completion of the investigation, he prepared the charge sheet of the present case and filed the same in the court for verdict.
PW1 was not cross examined by the accused, despite opportunity.
5. Now coming to the testimony of PW2 ASI Mukesh Mishra. PW2 ASI Mukesh Mishra deposed in his testimony that on the intervening night of 30/31.07.2019, he was on night duty from 7 pm to 8 am in car pick up zone area of the arrival hall at Domestic Airport. PW2 further deposed that at around 5:30 am, when he was patrolling in the area of Ola/Uber parking, he saw one person who was enticing the passengers coming from the arrival hall on the pretext of providing them cheap transportation service and hotels on discounted rates and passengers were getting annoyed due to his behavior. PW2 further deposed that he requested the accused not to indulge in touting as it was an offence. PW2 further deposed that despite his request that person continued in his conduct. PW2 further deposed that thereafter, he apprehended the accused and on inquiry State Vs. Rakesh Kumar FIR No. 95/19 PS Domestic Airport Page NO. 3 name of that person was revealed as Rakesh Kumar. PW2 further correctly identified the accused present in the court. PW2 further deposed that he gave the information to the PS telephonically and ASI Ishwar Singh reached at the spot and he handed over the accused to him. PW2 further deposed that ASI Ishwar Singh recorded his statement Ex. PW1/B, bearing his signature at point B and ASI Ishwar Singh prepared rukka and sent him to PS for registration of FIR. PW2 further deposed that he went to PS and got present case registered through Duty Officer and returned to the spot and handed over original tehrir and copy of FIR to ASI Ishwar Singh. PW2 further deposed that ASI Ishwar Singh thereafter arrested the accused vide memo Ex. PW1/C, bearing his signature at point B. PW2 further deposed that ASI Ishwar Singh also prepared site plan Ex. PW1/D. PW2 further deposed that his statement was recorded by IO and accused was released on bail.
PW2 was not cross examined by the accused, despite opportunity.
6. The accused has not disputed the recording of the genuineness of the FIR of the present case Ex. A1. No other witness was examined by the prosecution and statement of the accused was recorded under section 313 of the code. In his statement under section 313 of the code the accused has denied the case of the prosecution in its entirety and stated that he has been falsely implicated in this case and he was not indulging in any touting with any passenger. The accused further has not lead any evidence in his defence.
State Vs. Rakesh Kumar FIR No. 95/19 PS Domestic Airport Page NO. 4
7. During the course of final arguments, it has been argued by Ld. APP for the State that prosecution has proved its case beyond reasonable doubts and all the ingredients of relevant section are complete. On the other hand, the accused has argued that he has been falsely implicated in the present case and he was not indulging in touting with any passenger. I have carefully heard the submissions of the parties and have perused the entire evidence on record.
Appreciation of Evidence
8. In the present case, for the offence u/s 4 (c) of DPTMT Act the prosecution was required to prove beyond reasonable doubt that the accused on 31.07.2019 at about 5:30 AM at Ola/ Uber Parking Domestic Airport, New Delhi the accused Rakesh Kumar was found indulging in touting by soliciting the passengers coming from the arrival hall on the pretext of providing them cheap taxi service and hotels on discounted rates. In his testimony the complainant/PW2 ASI Mukesh Mishra specifically deposed that he was on night duty from 7 PM to 8 PM in car pick up zone of the arrival hall at Domestic Airport and when he was patrolling in the area of Ola/ Uber parking, he saw one person who was enticing the passengers coming from the arrival hall on the pretext of providing them cheap transportation service and hotels on discounted rates. Further the IO/PW2 ASI Ishwar Singh also proved the DD entry No. 7B dated 31.07.2019 Ex. PW1/A regarding the information given by PW1/complainant ASI Mukesh Kumar inrespect catching of the accused involved in touting.
State Vs. Rakesh Kumar FIR No. 95/19 PS Domestic Airport Page NO. 5 This DD entry Ex. PW1/A further fortifies the claim of the complainant/ PW1 ASI Mukesh Kumar and asserts his truthfulness regarding he finding the accused invoked in touting and subsequently making call to the police station.
9. During course of arguments, accused also argued that no passengers / public witness has been arrayed by the IO in the investigation and neither any notice has been issued to the public witnesses. It is trite to say that merely non arraying of any public witnesses would not be sufficient to discard the testimonies of the police officials especially when the testimonies of the complainant/ PW2 ASI Mukesh Mishra is consistent and coherent regarding the accused found inducing the passengers at Ola/ Uber Parking Domestic Airport, New Delhi on the pretext of providing them with cheap taxi services and hotels. There is no reason to disbelieve the testimonies of complainant/ PW2 ASI Mukesh Mishra merely because he is a police witnesses. The non receiving of any complaint by the police officials or non examination of any public witness would not itself be sufficient to discard the testimonies of complainant / PW2 ASI Mukesh Mishra. The testimonies of the prosecution witness /complainant/ PW2 ASI Mukesh Mishra and the IO /PW1 ASI Ishwar Singh are cogent, reliable and inspires confidence and are sufficient enough to prove all the ingredients for the offence u/s 4 (c) of DPTMT Act against the accused. Furthermore, it is also trite to say that mere giving explanations in defence would not in any way aid or help the accused for rebutting the case of the prosecution, which is the situation in the present case where the accused has not at all State Vs. Rakesh Kumar FIR No. 95/19 PS Domestic Airport Page NO. 6 cross examined the prosecution witnesses. Thus, in view of the cogent and convincing testimonies of complainant/ PW2 ASI Mukesh Mishra and the IO/ PW1 ASI Ishwar Singh, I have no hesitation in holding that the prosecution has successfully proved that the accused was found indulging in touting by soliciting the passengers on the pretext of providing cheap taxi services and hotels at discounted rates to them and accordingly all the ingredients of the offence under section 4 (c) of DPTMT Act stands proved against the accused. Accordingly, the accused Rakesh Kumar S/o Sh Ganga Ram is hereby convicted for the offence u/s 4 (c) of DPTMT Act.
This judgment contains 07 pages. Every Page of this judgment has been signed by me.
Let the parties be heard on quantum of sentence today itself at 11:00 AM.
Copy of this judgment be given to the convict free of cost.
Announced in the open court (RAVINDER SINGH) MM01/DWARKA COURTS New Delhi/09.10.2019 Digitally signed by RAVINDER RAVINDER SINGH SINGH Date: 2019.10.09 20:50:35 +0530 State Vs. Rakesh Kumar FIR No. 95/19 PS Domestic Airport Page NO. 7