Delhi District Court
State vs . Nasir And Ors. on 20 March, 2012
IN THE COURT OF MS. TYAGITA SINGH: METROPOLITAN MAGISTRATE
(SOUTH EAST)-03, NEW DELHI
STATE VS. Nasir and Ors.
FIR NO: 521/05
P. S. Kalkaji
Date of institution of case : 29.10.2005
Date on which case reserved for judgment : 20.03.2012
Date of judgment : 20.03.2012
Advocates appearing in the case :-
Sh. N.K. Singh, Ld. APP for State
Sh. Suresh Kumar, counsel for accused
JUDGEMENT U/S 355 Cr.P.C.:
a) Date of offence : 26.05.2005
b) Offence complained of : 323/341/34 IPC
c) Name of complainant : Sh. Anil Kumar
d) Name of accused, his parentage,: 1). Nasir S/o Sh. Sharif
local & permanent residence R/o Jhuggi no. 160/16A
Navjeevan Camp, Govindpuri,
New Delhi
2). Balbir Singh S/o Sh. Babu
Lal, R/o RZ-198A/15
Tuglagabad Extension
New Delhi
3). Mohd. Arif S/o Noor Mohd.
R/o 371, Gali no. 6,
Tuglagabad Extension, New
Delhi (stated to have expired)
e) Plea of accused : Accused are falsely implicated.
f) Final order : Both accused are acquitted
BRIEF FACTS OF CASE OF PROSECUTION ARE AS FOLLOWS:
1. In the present case, three accused Nasir, Balbir and Mohd. Arif FIR no. 521/05 ; PS: Kalkaji St vs. Nasir and Ors. Page no. 1/3 (stated to have expired) have been charged for offences u/s 341 and 323 IPC r/w section 34 IPC for wrongful restraint of complainant Anil Kumar and causing him simple hurt on 26.05.2005 at about 9 am at Deshbandhu College, Bus stand DTC, Kalkaji, within jurisdiction of PS Kalkaji.
2. Charge was framed upon all three accused on 07.01.2010 U/s 323/341/34 IPC to which they pleaded not guilty and claimed trial.
3. Despite repeated issuance of summons to complainant Sh. Anil Kumar, who was the only eye witness to the offence, the complainant failed to appear and summons to complainant were also received back with report that the complainant has left the address. Since the eye witness had become untraceable, no fruitful purpose would be served by examining other PWs who were merely formal witnesses, hence PE was closed and statements of both accused persons u/s 313 Cr.P.C. were dispensed with since no incriminating evidence was found against both accused persons and case was fixed for order for today itself.
BRIEF REASONS FOR DECISION AND DECISION THEREOF Since the complainant Sh. Anil Kumar who was only eye witness has failed to appear in court to prove his complaint on oath that whether any injuries were actually caused to him and whether the accused persons were the same persons who had committed offence with him on the date of incident, hence in absence of evidence of eye-witness, the documentary evidence as well as the evidence of other formal witnesses cannot be accepted as sole FIR no. 521/05 ; PS: Kalkaji St vs. Nasir and Ors. Page no. 2/3 basis for conviction. Prosecution has failed to prove case beyond reasonable doubt against accused. Hence, accused Nasir and Balbir are given benefit of doubt and acquitted from offence U/s 323/341/34 IPC. Bail bond and surety bonds of both accused are discharged. Original documents if any be released to the authorised person on proper receipt and endorsement if any be cancelled. File be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT ( TYAGITA SINGH ) TODAY ON 20th March, 2012 MM-03(South East),New Delhi FIR no. 521/05 ; PS: Kalkaji St vs. Nasir and Ors. Page no. 3/3