Delhi District Court
State vs . Sirajuddin on 4 August, 2012
IN THE COURT OF SH. RAGHUBIR SINGH ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE02 (NORTH) DELHI
Case No. 37/CB/06
Unique Case ID No. : 02401R0570332006
State Vs. Sirajuddin
FIR No. : 128/05
PS : Lahori Gate
U/s. 63/65/68A Copyright Act & 292 IPC
Date of institution: 05.07.2006
Judgment Reserved on: Not reserved.
Date of Judgment: 04.08.2012
JUDGMENT
a) Serial No. of the case 02401R0570332006
b) Date of commission 12.04.2005
of the offence
c) Name of the complainant SI Akash Rawat
d) Name of the accused person, Sirajuddin S/o Sh. Kamaluddin
and his parentage and address. R/o H.No. 748, Ist Floor, Gali Saudagram, Ballimaran, Delhi06.
e) Offence complained or U/s. 63/65/68A Copyright Act &
proved 292 IPC
f) Plea of the accused Pleaded not guilty and claimed trial
g) The final order Acquitted
h) Date of such order 04.08.2012
FIR No. 128/05 PS: Lahori Gate Page 1 of 5
BRIEF STATEMENT OF THE REASONS FOR THE DECISION OF THE CASE:
1. Case of the Prosecution is that on 12.04.2005 SI Akash Rawat posted in IPR Section, EOW, Crime Branch, New Delhi had received a secret information that one Sirajuddin i.e. the accused herein was manufacturing/stocking etc. pirated VCDs, MP3 at the aforesaid address.
The information on being verified was found correct and the same was brought to the knowledge of the senior officers who directed to conduct a raid. Accordingly, a raiding party under the supervision of Insp. Mahesh Kumar was constituted which consisted of SI Akash Rawat, SI Sunil Kumar, HC Sukh Pal Rathi, Ct. Hamid, Ct. Rajbir Singh, Ct. Madan Lal and other police officials. One public person namely Sh. Kamran S/o Tahir Hassan was also joined in the raiding party. The given premises was raided at about 13.50 hours and the above named accused was found present there. The search was conducted and a total number of 11 CD writers (1+7 make "Talex", 01 local, 01 make "Krypton", 02 make "Asus"), 524 VCDs of various Hindi English movies, 1095 MP3, 2245 Pornographic Inlay Cards etc. were seized. The seized articles were put into 05 gunny bags and were sealed with the seal of AR. The seal was handed over to the public witness named above vide 'seal handing over memo'. On the basis of these facts, the chargesheet u/s. 173 Cr.PC was FIR No. 128/05 PS: Lahori Gate Page 2 of 5 filed on 05.07.2006.
2. Further, the provision u/s. 207 Cr.PC was duly complied with. Charge for the offence punishable u/s. 63 Copyright Act was framed vide order dated 26.07.2007 to which the accused pleaded not guilty and claimed trial.
3. The prosecution examined three witnesses in support of its version. Statement of the accused u/s. 313 Cr.PC was recorded on 21.05.2012. During the course of SA the accused denied the incriminating evidence put to him. Though he had opted for leading evidence in defence yet as a matter of fact no DW was examined.
4. File perused. Counsels heard.
5. The three witnesses examined in support of the prosecution version are ASI Sh. Mathial Baxla (Duty Officer), Ct. Hamid Hassan and HC Sukhpal Singh (both members of raiding party); respectively.
6. The Duty Officer has stated that on 12.04.2005 he was on duty there at PS Lahori Gate when at about 4.30 pm a rukka was received through HC Sukhpal sent by SI Akash Rawat and on the basis thereof the FIR in question was registered. The same has been proved as Ex.PW1/A. Rest both witnesses have deposed with regard to the raid conducted on 12.04.2005 there at the given premises, recovery of the alleged infringed articles from the premises in question; in presence and possession of FIR No. 128/05 PS: Lahori Gate Page 3 of 5 accused namely Sirajuddin. These witnesses have also stated that SI Akash Rawat made efforts to join some public persons as witness to the proceedings and one Sh. Kamran agreed to witness the proceedings. Further in the presence of said public person search & seizure proceedings were conducted and the seized articles were put into 05 gunny bags sealed with the seal of AR vide memo Ex.PW1/A. It has also been deposed that after registration of the case the first IO SI Akash Rawat handed over the case property and all the documents to the second IO SI Vikramjeet Singh who formally arrested the accused, conducted his personal search etc.
7. Thus, it is very much clear that the prosecution in order to prove its version has placed reliance upon the depositions of Ct. Hamid Hassan and HC Sukhpal Singh. Neither the Insp. Mahesh Kumar (under whose supervision the alleged raid had been conducted) nor the first IO SI Akash Rawat nor the second IO SI Vikramjeet Singh was got examined at all despite ample opportunities for the purpose. It is also worth mentioning that though as per the chargesheet filed in respect of the present case, it was Insp. Mahesh Kumar under whose supervision the raid in question had been conducted, but he has not even been cited as a witness in the list of witnesses filed alongwith the chargesheet. Nothing sort of justification thereof does appear in any manner. Further, a public FIR No. 128/05 PS: Lahori Gate Page 4 of 5 person namely Sh. Kamran has been shown having been impleaded as an independent person who witnessed the entire proceedings conducted there at the given premises. As per the prosecution version his address particulars had duly been verified. However, despite that the said public witness was not examined as witness on the pretext that the witness was not found present & residing there at the given address. In the given facts and circumstances, the testimony of Ct. Hamid Hassan and HC Sukhpal Singh is found to be insufficient and unworthy of reliance. The accused deserves to be acquitted. He is hereby accordingly acquitted of the charges.
8. File be consigned to Record Room.
Announced in Open Court (RAGHUBIR SINGH)
today on 04.08.2012 Additional Chief Metropolitan
Magistrate02/North/Delhi
FIR No. 128/05 PS: Lahori Gate Page 5 of 5
FIR No. : 128/05
PS : Lahori Gate
State Vs. Sirajuddin
U/s. 63/65/68A Copyright Act & 292 IPC
04.08.2012
Present: Ld. APP for State.
Accused produced from JC.
Ld. Counsel for accused.
Vide separate and detailed judgment of this date, the accused Sirajuddin is hereby acquitted of the charges levelled against him. At this stage, accused states that he is unable to arrange for a surety, hence, let the personal bond in the sum of Rs. 10,000/ be obtained from the accused under provision of Section 437A Cr.PC. Personal bond furnished.
Copy of this order be sent to the Jail Superintendent with the direction that the accused be released from JC forthwith if not required in connection with any other matter.
File be consigned to Record Room.
( Raghubir Singh) ACMM2/North/Delhi 04.08.2012 FIR No. 128/05 PS: Lahori Gate Page 6 of 5