Delhi District Court
State vs . Raj Kumar on 2 May, 2019
FIR No. 2922018
P.S.: Paharganj
U/s.: 12/9/55 of Gambling Act
IN THE COURT OF SH. JITENDRA SINGH, ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, CENTRAL DISTRICT, TIS HAZARI
COURTS, DELHI
State Vs. Raj Kumar
FIR No.: 1292-2018
P.S.: Paharganj
U/s.: 12/9/55 of Gambling Act
Case No. 15367-2018
1. Date of Commission of Offence : 04.10.2018
2. Date of institution of the case : 24.11.2018
3. Name of the complainant : ASI Birender Pal
4. Name of accused, parentage &
address. :Raj Kumar S/o Sh. Hriday Ram,
R/o; H.No. T-270, General Market,
Paharganj, Delhi.
5. Offence complained or proved : 12/9/55 of Gambling Act.
6. Plea of Accused : Pleaded Not Guilty.
7. Final Order : Convicted.
9. Date of Final Order : 02.05.2019
JUDGMENT
1. Vide this judgment, I shall dispose off, the above captioned case bearing FIR No.292-2018. The case of the prosecution is that on 04.10.2018, at General Market Ram Dawara Nukkad, Delhi, within the jurisdiction of PS Paharganj, accused was found gambling in a public street/place and thereby accused had committed an offence punishable u/s. 12/9/55 of Gambling Act.
2. After the completion of the usual investigation and procedural requirements, the chargesheet was filed in the Court on 024.11.2018, whereafter cognizance of the offence was taken against the accused and provisions of Section 207 Cr. P.C. was also complied.
3. After hearing the prosecution and the defence, notice under Section 251 Cr. P.C. for the offence under Section 12/9/55 of Gambling Act 02.05.2019 Page 1 of 5 Pages FIR No. 2922018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act was framed against the accused, to which the accused pleaded "Not Guilty"
and claimed trial.
4. During the course of the trial, the prosecution had examined two witnesses.
5. After the completion of the prosecution's evidence, statement of the accused was recorded under Section 313 Cr. P.C., wherein the accused does not want to lead his defence evidence.
6. I have weighed the rival submissions made on behalf of the prosecution as well as on behalf of the defence in the light of the material appearing on record.
7. Before proceeding further, I need to discuss the relevant legal propositions applicable on to the facts of the case. It is a settled proposition of criminal law that the prosecution is supposed to prove its case on judicial file beyond reasonable doubt by leading reliable, cogent and convincing evidence & that in order to prove its case on judicial file, the prosecution is supposed to stand on its own legs whereby it cannot derive any benefit whatsoever from the weaknesses, if any, in the defence of the accused. Further settled it is, that the primary burden of proof for proving the offences in a criminal trial rests on the shoulders of the prosecution, which burden never shifts on to the accused.
8. It is no longer Res Integra that accused is entitled to benefit of every reasonable doubt(s) appearing qua the material facts of the prosecution's story whereby such reasonable doubt(s) entitles the accused to acquittal.
9. In the light of the above discussed legal position, I shall now step forward to divulge my opinion on the respective fate of the accused.
10. PW-1 is ASI Birender Pal, who deposed that on 04.10.2018, he was posted as ASI at PS Paharganj. On that day, he alongwith Ct. Vinod were 02.05.2019 Page 2 of 5 Pages FIR No. 2922018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act on patrolling duty in the area of PS Paharganj and while patrolling, when they arrived at RK Ashram, Genral Market at about 9.00 pm, they met with one secret informer, who informed them that one person was gambling at General Market, Ram Dwara Nukkad and if raid be done, the said person can be apprehended. He further deposed that after that he requested 2/3 public persons to join the investigation, but none of them agreed and they left the spot without disclosing their names and address. After that without waisting time, he alongwith Ct. Pawan Kumar and secret informer reached at the spot and he handed over the one note of 100 ruppe bearing no. 8DH 874621 and sent to the said person, who was gambling. He further deposed that thereafter, on the pointing out of the secret informer, one person, who was gabling was apprehended by them and remaining persons who were standing ran away from the spot. He further deposed that the apprehended person disclosed his name as Raj Kumar. He further deposed that after that he seized the pen, parchi and note of Rs. 100/- and cash amount of Rs. 560/- from the possession of the accused vide seizure memo Ex. PW1/A, bearing his signature at point A. The said articles were kept in two white pullindas by him and pullindas were sealed with the seal of BP and taken into possession. Seal after use was handed over to Ct. Vinod. He further deposed that after that he supplied the said information to the PS and from the PS ASI Manik Chand arrived at the spot. In the meanwhile, he prepared the rukka, the same is Ex. PW1/X, bearing his signature at point A and handed over the same to Ct. Vinod for registration of FIR. He further deposed that in the meanwhile, 2nd IO/ASI Manik Chand arrived at the spot and he handed over the custody of accused and case property to the second IO. After that, second IO prepared the site plan, which is Ex. PW1/B, bearing his signature at point A. He further deposed that after some time Ct. Vinod returned back at the spot and handed over the original rukka and copy of FIR to ASI Manik 02.05.2019 Page 3 of 5 Pages FIR No. 2922018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act Chand. He further deposed that after that 2 nd IO recorded his disclosure statement, which is Ex. PW1/C, bearing his signature at point A. After that IO recorded his statement. Thereafter, he left the spot.
Accused has correctly identified by the witness.
11. PW-2 is ASI Manik Chand, who deposed that on 04.10.2018, he was posted as ASI at PS Paharganj. On that day, after receiving the information from ASI Birender Pal, he arrived at the spot, where he met with the ASI Briender Pal, who handed over to me case property as well as custody of accused. He further deposed that after that he prepared the site plan at the instance of ASI Birender Pal, which is already Ex. PW1/B, bearing his signature at point B. After some time Ct. Vinod returned back at the spot and handed over the original rukka and copy of FIR to him. He further deposed that after that he recorded his disclosure statement, which is already Ex. PW1/C, bearing his signature at point B. After that he arrested the accused, vide memo Ex. PW2/A, bewaring his statement at point A. Thereafter, he recorded the statement of cited witnesses. After through Investigation, he filed the challan before the court for judicial verdict.
Accused has correctly identified by the witness.
12. From the abovesaid testimony of PW1 and PW2, who are the material witnesses in the instant matter proves that the accused had committed the offence u/s. 12/9/55 of Gambling Act. Despite cross examination of PW-1 and PW-2, nothing has been made out in favour of the accused. Thus the aforesaid cumulative and corroborating testimonies of witness clearly proves that the accused had committed the offence under Section 12/9/55 of Gambling Act.
DECISION
13. For the reasons assigned hereinabove, I am of the view that the prosecution has successfully proved the offence under Section 12/9/55 of 02.05.2019 Page 4 of 5 Pages FIR No. 2922018 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act Gambling Act against the accused. Accordingly, accused is convicted for the offence under Section 12/9/55 of Gambling Act.
14. The arguments on the point of sentence shall be heard separately today itself.
15. A copy of this judgment be given to the convict(s) free of cost.
Digitally signed Announced in the open court JITENDRA by JITENDRA SINGH on 02.05.2019 SINGH Date: 2019.05.02 15:29:22 +0530 (JITENDRA SINGH) ACMM/CENTRAL/THC/ DELHI 02.05.2019 Page 5 of 5 Pages IN THE COURT OF SH. JITENDRA SINGH
ADDL. CHIEF METROPOLITAN MAGISTRATE : CENTRAL TIS HAZARI COURTS : DELHI FIR No. 2922018 U/S. 12/9/55 of Gambling Act PS Paharganj State Vs. Raj Kumar Case ID No. 153672018 ORDER ON POINT OF SENTENCE Present: Ld APP for state.
Convict is present in person.
I have heard Ld APP for State as well as Convict on the point of sentence and have perused the record.
It is submitted by Convict that he is the sole bread earner for his family. It is further submitted by the convict(s) that he is not previous convict and he is first time offender. Convict has prayed for a lenient view.
On the other hand Ld APP for State submitted that the convict be sentenced to maximum punishment as prescribed for the offence in question.
In the present case convict has been convicted for offence punishable u/s. 12/9/55 of Gambling Act. No previous conviction has State Vs. Raj Kr. ; FIR No. 292-18; PS Paharganj 2/2 been alleged or proved against convict. The convict is not involved in any such case, as stated by them. Convict is having a family to support.
Keeping in view the facts and circumstances of the case and also the fact that the convict is facing the trial for the commission of offence u/s. 12/9/55 of Gambling Act. Accordingly, convict is sentence to pay a fine of Rs. 500. SI for two days in default of fine. Fine paid. B/B and S/B stands discharged. Original, if any be returned after cancellation of endorsement. File be consigned to record room after due compliance.
Announced in open Court JITENDRA SINGH
i.e. the 2nd May, 2019 ACMM:CENTRAL DISTT:DELHI
State Vs. Raj Kr. ; FIR No. 292-18; PS Paharganj 2/2
State Vs. Raj Kr. ; FIR No. 292-18; PS Paharganj 2/2