Delhi District Court
State vs . Jaidev Singh & Ors. on 19 April, 2010
State Vs. Jaidev Singh & Ors.
FIR No. 100/99
PS: Adarsh Nagar
IN THE COURT OF SH. NEERAJ GAUR, LD. METROPOLITAN
MAGISTRATE-IV, ROHINI, DELHI
FIR No. 100/99
PS: Adarsh Nagar
U/S: 384/511/323/34 IPC
S/V 1. Jaidev Singh
2. Vijay Kumar
Date of Institution: 24.05.2000
Date of commission of offence 16.02.1999
Name of the Complainant Kashmir Singh S/o
Joginder Singh
Name and address of accused 1. Jaidev Singh S/o
Sh. Harpal Singh
R/o District
Mujaffar Nagar,
VPO Mandi, U.P.
2. Vijay Kumar S/o
Late Sh. Raghuvir
Singh R/o H. No.
162, Mandir Wali
Gali, Azadpur
Delhi.
Offence complained of 384/511/323/34 IPC
C/N 249/2000 1 of 4
State Vs. Jaidev Singh & Ors.
FIR No. 100/99
PS: Adarsh Nagar
Plea of accused Pleaded not guilty
Final Order Acquitted
Date of reserve for orders 19.04.2010
Date for announcing the orders 19.04.2010
Brief reasons for the judgment:
Vide this judgment, I shall dispose off the case FIR No.
100/99
1.The case of the prosecution is that on 15.02.1999 both the accused persons in furtherance of their common intention attempted to commit extortion of money by intentionally putting the complainant in fear of seizure of his vehicle and further caused hurt to Pargat Singh. After completion of investigation, charge sheet was filed in the Court. On the basis of the said allegations, charge for offences punishable U/S 384/511/323/34 IPC was framed against both the accused person in which they pleaded not guilty and claimed trial. PE stood closed on 19.02.2010. Statement of accused persons U/S 313 CrPC recorded on C/N 249/2000 2 of 4 State Vs. Jaidev Singh & Ors.
FIR No. 100/99PS: Adarsh Nagar 19.04.2010 separately wherein accused persons pleaded their innocence. Final arguments have been heard. Record has been carefully perused. Eight witnesses were cited in the list of witnesses but prosecution could examine only one out of them i.e. PW-1 Dr. R. K. Mehta who proved the MLC as Ex. PW 1/A.
2. It is noteworthy and can never be ignored to arrive at any justified decision and surely weakens the prosecution case that despite several opportunities prosecution failed to examine the complainant Kashmir Singh and injured Pragat Singh and IO who had conducted the complete investigation of the case and whose examination could have certainly thrown a better light to shatter the clouds of uncertainty and doubts. Complainant Kashmir Singh and injured Pragat Singh remained unserved with the report that they are not traceable. Even the summons were ordered to be served through IO/SHO but of no consequence. There is no evidence on record to show that both the accused persons in furtherance of their common intention attempted to commit extortion of money C/N 249/2000 3 of 4 State Vs. Jaidev Singh & Ors.
FIR No. 100/99PS: Adarsh Nagar by intentionally putting the complainant in fear of seizure of his vehicle and further caused hurt to Pargat Singh. The evidence available on record is highly insufficient to record a finding of guilty against the accused and the prosecution has miserably failed to prove the charge U/S 384/511/323/34 IPC for want of evidence. For want of evidence, accused Jaidev Singh and Vijay Kumar are acquitted for the offences U/S 384/511/323/34 IPC.
3. The Bail Bond stand cancelled and sureties for the accused persons stand discharged. Any endorsement placed on the documents of the sureties may accordingly, be cancelled. The original documents of the sureties, if retained on record be returned against acknowledgment. File be consigned to record room.
Announced in the Open Court (NeerajGaur) on 19.04.2010 MM-IV/ Rohini/Delhi C/N 249/2000 4 of 4