Delhi District Court
State vs . Sonu & Ors on 26 September, 2019
IN THE COURT OF MS. BHAWANI SHARMA
ADDL. CHIEF METROPOLITAN MAGISTRATE : WEST
TIS HAZARI COURTS : DELHI
FIR No. 184/2017
ID 7496/2017
U/S. 12 Gambling Act
PS Patel Nagar
State Vs. Sonu & Ors
JUDGMENT
1. Sr. No of case 7496/2017
2. Date of commission of offence 12.6.2017
3. Name of complainant SI Satyavir
4. Name of accused 1)Sonu Mehra
s/o. Late Sh. Kasturi Lal
r/o. H NO. H39
West Patel Nagar, Delhi
2) Surender Kumar
3) Om Prakash
4) Vikram Sharma
(A2 to A4 already convicted)
5. Offence complained of U/s. 12 Gambling Act
6. Plea of accused Pleaded not guilty
7. Final order Convicted
8. Date of such order 26.9.2019
1. FACTS IN BRIEF/ CASE SET UP BY PROSECUTION: Accused persons were sent to face trial on the allegations that on 12.6.2017 at about 2.15 PM at East Corner Shiv Mandir Park Khanna Market, West Patel Nagar, Delhi they were found playing State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 1/7 satta at public place with the help of dice.
2. MISCELLANEOUS PROCEEDINGS: After completion of the investigation, chargesheet was filed by the police against accused persons. Cognizance of the offence was taken and the accused persons was summoned. Copy of the chargesheet was supplied to the accused persons and the matter was adjourned for arguments on charge. During the course of trial accused Surender, Om Prakash and Vikram Sharma pleaded guilty and they were convicted on their plea of guilt vide order dated 9.12.2017.
3. NOTICE FRAMED AGAINST THE ACCUSED: Notice for offence punishable u/s. 12 Gambling Act was given to the accused Sonu Mehra, to which he pleaded not guilty and claimed trial.
4. EVIDENCE LED BY THE PROSECUTION: In order to prove its case, prosecution has examined 3 witnesses:
(a)PW1 is Ct Manoj Kumar. PW1 had accompanied the IO to the spot while on patrolling duty. Witness deposed that on 12.6.2017 at about 2.00 PM secret information that some persons were playing satta a public place in the park near Shiv Mandir and thereafter IO prepared raiding party and asked many persons to join the investigation but none of them agreed and left the spot without State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 2/7 mentioning their names and addresses and thereafter at the instance of secret informer apprehended four persons who were gambling with Dice. Witness further stated that two Dice and cash were recovered from them.
(b)PW2 is Ct Mahinder. He deposed on the lines of PW1.
(c)PW3 SI Satyavir is the investigating officer. Witness deposed about the investigation carried out by him and also proved the documents prepared by him.
5. STATEMENT OF ACCUSED: Statement of accused was recorded u/s. 313 Cr.P.C. wherein the incriminating evidence was put to the accused. In the said statement u/s. 313 Cr.P.C, accused denied the allegations and chose not to lead any evidence in his defence.
6. ARGUMENTS OF LD. APP FOR STATE AND ACCUSED: Ld APP for the State had argued that the prosecution has successfully proved its case against the accused beyond reasonable doubt. Ld APP for the State had also argued that the factum of gambling at public place by accused has been proved beyond reasonable doubt and therefore, accused is liable to be convicted in this case.
On the other hand, accused stated that he was falsely implicated and nothing was recovered from his possession.
State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 3/7
7. REASONS FOR THE DECISION:
(i) 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.
(ii) 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.
(iii) 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.
(iv) PW1, PW2 and PW3 deposed that on 12.6.2017 they were on patrolling duty and upon receipt of secret information by the IO regarding gaming at public place, they apprehended four State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 4/7 persons at the instance of secret informer. The relevant extract of the testimony of the PWs is reproduced below for ready reference: "PW1: ON 12.6.2017 I was posted at PS Patel Nagar as constable and on that day I was on patrolling duty alongwith SI Satyavir Singh, Ct Mohinder and Ct Lokesh in the area and at about 2.00 PM secret informer informed that some persons were gambling in the park near Shiv Mandir and if raid is conducted they could be apprehended. On this SI Satyavir Singh asked 34 persons to join the investigation but none of them agreed and left the spot without mentioning their names and addresses. Thereafter, IO prepared a raiding party consisting of aforesaid police officials. At about 2.15 PM at the instance of the secret informer we reached at the Gate of park near Shiv Mandir and at the instance of the secret informer apprehended four persons who were found gambling with the help of two Dice and cash. Thereafter on counting the cash was found total Rs. 5500/. the said accused persons disclosed their name as Sonu, Surender, Om Prakash and Vikram. Accused Sonu is present in the court today(correctly identified). Other 3 accused persons have already been convicted.
Thereafter, IO seized said two Dice and Cash Rs. 5500/ vide memo Ex. PW1/A bearing my signatures at point A after converting it into a Cloth pulanda and the same was seal of SS. The seal after use was handed over to me. Thereafter, IO prepared rukka and got the FIR registered through Ct. Mahender and after registration of the FIR he came back to the spot and handed over copy of the FIR and rukka to the IO. Thereafter accused persons were arrested. The arrest memo of accused Sonu is Ex. PW1/B bearing my signatures at point A and personal search of accused Sonu was conducted vide memo State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 5/7 Ex. PW1/C also bearing my signatures at point A. thereafter accused persons were released on bail. Thereafter case property was deposited in the malkhana and IO recorded my statement. I can identify the case property if shown to me....."
"PW2: ON 12.6.2017, I was posted at PS Patel Nagar as constable and on that day I was on patrolling duty alongwith SI Satyavir Singh, Ct Manoj Kumar and Ct Lokesh in the area and at about 2.00 PM secret informer informed that some persons were gambling in the park near Shiv Mandir and if raid is conducted they could be apprehended.
On this SI Satyavir Singh asked 34 persons to join the investigation but none of them agreed and left the spot without mentioning their names and addresses. Thereafter, IO prepared a raiding party consisting of aforesaid police officials. At about 2.15 PM at the instance of the secret informer we reached at the Gate of park near Shiv Mandir and at the instance of the secret informer apprehended four persons who were found gambling with the help of two Dice and cash. Thereafter on counting the cash was found total Rs. 5500/. the said accused persons disclosed their name as Sonu, Surender, Om Prakash and Vikram. Accused Sonu is present in the court today(correctly identified). Other 3 accused persons have already been convicted.
Thereafter, IO seized said two Dice and Cash Rs. 5500/ vide memo Ex. PW1/A bearing my signatures at point B after converting it into a Cloth pulanda and the same was seal of SS. Thereafter, IO prepared rukka and got the FIR registered through me and after registration of the FIR, I came back to the spot and handed over copy of the FIR and rukka to the IO.........."
"PW3: ON 12.6.2017 I was posted at PS
State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 6/7
Patel Nagar as SI and on that day I was on
patrolling duty alongwith SI Ct Manoj, Ct Mohinder and Ct Lokesh in the area and at about 2.00 PM secret informer informed me that some persons were gambling in the park near Shiv Mandir and if raid is conducted they could be apprehended. On this I asked 34 persons to join the investigation but none of them agreed and left the spot without mentioning their names and addresses. Thereafter, I prepared a raiding party consisting of aforesaid police officials. At about 2.15 PM at the instance of the secret informer we reached at the Gate of park near Shiv Mandir and at the instance of the secret informer apprehended four persons who were found gambling with the help of two Dice and cash. Thereafter on counting the cash was found total Rs. 5500/. The said accused persons disclosed their name as Sonu, Surender, Om Prakash and Vikram. Accused Sonu is present in the court today(correctly identified). Other 3 accused persons have already been convicted.
Thereafter, I seized said two Dice and Cash Rs. 5500/ vide memo Ex. PW1/A bearing my signatures at point X after converting it into a Cloth pulanda and the same was seal of SS. The seal after use was handed over to me. Thereafter, I prepared rukka Ex. PW3/A and got the FIR registered through Ct. Mahender and after registration of the FIR he came back to the spot and handed over copy of the FIR and rukka to me. Thereafter accused persons were arrested. The arrest memo of accused Sonu is Ex. PW1/B......."
(v) Despite being cross examined nothing beneficial for the defence has come from the mouth of PWs.
(vi) Thus, the prosecution has successfully proved that State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 7/7 accused was gaming at a public place. The cumulative and corroborating testimony of PW1, PW2 and PW3 also clearly proves that the accused has committed the offence u/s. 12 Gambling Act.
8. CONCLUSION: Keeping in view the facts and circumstances and the discussion made hereinabove, I am of considered view that prosecution has succeeded in proving offence punishable u/s. 12 Gambling Act against accused beyond reasonable doubt. Hence, accused is hereby convicted for said offence.
Judgment dictated and BHAWANI SHARMA pronounced in the open Court ACMM:WEST DISTT:DELHI i.e. the 26th of September 2019 (This judgment consists of 8 pages) State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar 8/7 IN THE COURT OF MS. BHAWANI SHARMA ADDL. CHIEF METROPOLITAN MAGISTRATE : WEST TIS HAZARI COURTS : DELHI FIR No. 184/2017 ID 7496/2017 U/S. 12 Gambling Act PS Patel Nagar State Vs. Sonu & Ors ORDER ON POINT OF SENTENCE Present: Ld APP for State.
Convict 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 are sole bread earner for his family. It is further submitted that he is not a previous convict. 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 Gambling Act. No previous conviction has been alleged or proved against convict. The convict is not involved in any such case, as stated by him. Convict is having a family to support.
State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar Keeping in view the facts and circumstances of the case and also the fact that the convict is facing trial for gaming a public place, I am of considered view that ends of justice would be met if the convict is sentenced to pay a fine of Rs. 500/.
Fine has been paid. Receipt be issued.
Sentenced accordingly. Digitally signed
by BHAWANI
BHAWANI SHARMA
SHARMA Date: 2019.09.27
15:15:16 +0530
Announced in open Court BHAWANI SHARMA
i.e. the 26th of September 2019 ACMM:WEST DISTT:DELHI
State Vs. Sonu Mehra&ORs; FIR 184/17; PS Patel Nagar