Delhi District Court
Prosecution vs . on 10 December, 2018
IN THE COURT OF MS. SAVITRI
ADDITIONAL SESSIONS JUDGE-03
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI.
FIR No. : 1067/17
Under Section : 325/326/392/394/397/34 & 411 IPC
Police Station : Nand Nagari
Sessions Case No : 239/2018
Unique I.D. No. : 14992018
In the matter of :-
STATE
..... PROSECUTION
Vs.
1 Akash @ Rahul
s/o Vinod Kumar,
r/o H. No. D-1/332, Gali no.14,
Ashok Nagar, Delhi.
2 Prashant
s/o Sanjay Bansal,
r/o H. No. E-26, Gali no. 3,
Ashok Nagar, Delhi.
3 Vicky @ Katta
s/o Vinod,
r/o H. No. E-2/154,
Nand Nagari, Delhi.
.....ACCUSED PERSONS
State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 1
Name and particulars of : Sh. Rakesh
complainant s/o Sh. Ram Charan
Date of Institution : 12.04.2018
Date of Committal : 05.05.2018
Date of receiving in this Court : 14.05.2018
Date of reserving judgment : 28.11.2018
Date of pronouncement : 10.12.2018
Decision : Accused Prashant convicted
u/s 411 IPC and all accused
acquitted of remaining offences
JUDGMENT
1 Challan was filed in the present case on 12.04.2018 qua present FIR dated 19.12.2017 registered upon complaint of complainant Sh. Rakesh.
2 Briefly stated, the case of prosecution is that after a PCR call regarding a major quarrel was received on 19.12.2017, DD no. 91-B was recorded in PS Nand Nagari, IO went to the spot and found that injured had been removed to GTB Hospital. As per the MLC of injured Rakesh, he received injuries on his left thumb, arms and legs. Injured refused to give any statement despite asking by the IO. Initially, considering the medical documents, the FIR u/s 324 State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 2 IPC was registered. Later on, on 21.12.2017 injured made a statement to the police and narrated the incident that on 19.12.2017 at about 7.15 pm, he was coming from Ambedkar Park, GTB Enclave, he met accused Akash and Prashant. Both of them started quarreling with him. Third accused Vicky @ Katta also met him and fourth accused Manish @ Munna also met him. All the accused were known to him previously. Accused Akash and Prashant were armed with iron pipes. Prashant and Akash said to the victim that he had got stones pelted upon them some days back. When the victim denied it, all the accused beat him with iron pipes one by one and broke his limbs. Thereafter, accused Prashant took out a knife like poker and hit the victim many times. After him, accused Akash took the same weapon and hit on the hands and arms of the victim. He kept shouting but still all the accused continued to beat him and robbed him of his mobile phone having airtel sim and his purse containing Rs.8100/-, adhar card and other documents. He was taken to hospital by PCR after someone called at 100 number. After the statement of victim, sections 325/392/394/397/34 IPC were added in the matter.
3 The purse of victim was recovered from the possession of accused Prashant during his PC. Some documents and cash of Rs.500/- were also recovered from inside the purse. Accused Akash @ Rahul got recovered the knife like poker i.e. the weapon of offence, during his PC. Accused Vicky got recovered another State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 3 offending weapon i.e. the iron pipe. After completion of investigation, police charge-sheeted accused persons. IO conducted further investigation, prepared various documents during the course of investigation and filed challan before the court of Ld. Metropolitan Magistrate.
4 Since the matter was exclusively triable by the court of Sessions, matter was committed to this court. On 30.10.2018, charges u/s 397/394/392/325/326/34 IPC against all accused persons and u/s 411 IPC against accused Prashant were framed to which they pleaded not guilty and claimed trial.
5 To prove its case, prosecution examined only one public witness i.e. PW-1 Sh. Rakesh (complainant/victim), however, he did not support the case of prosecution at all and turned hostile and resiled from his previous statement made to the police.
6 PW-1, in his examination-in-chief, deposed that on 19.12.2017, in the evening hours, he was returning back via Ambedkar Park, GTB Enclave. When he reached near E-2, Matka Park, near Nand Nagri, some persons came from behind and started beating him with iron rods. It was dark. He could not see the assailants. He became unconscious and fell down. He gained his consciousness at the GTB Hospital. Later on, police came at the hospital and asked his name and parentage and also noted down his State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 4 address and mobile number. He was discharged from the hospital after 10-11 days. After that, he went to his home.
7 PW-1 has not identified any of the accused before the court. Since, PW-1 resiled from his previous statement made to the police u/s 161 CrPC, he was cross-examined by Ld. Addl. PP. In his cross-examination by ld. Addl. PP, he denied the prosecution case in toto.
8 PW-1 denied that he had stated to the police in his statement Ex.PW1/A that on 19.12.2017 at 07.15 pm, accused Prashant and Akash, known to him, met him on way at Ambedkar Park, GTB Enclave or that both of them started quarreling with him or that both of them took him to E-2 Park Nand Nagri where Munna and Vicky @ Katta R/o E-2 Block, Nand Nagri, known to him, were present there or that both Vicky and Munna were having iron pipes in their hand or that Prashant and Akash stated to him "tune 25 din pehle ham par pathrao karwaya tha" or that after that all of them turn by turn beat him with iron rod and pipes and broke his hands and legs by giving iron blows on his hands and legs.
PW-1 further denied that he had stated to the police in his statement Ex.PW1/A that Prashant took out a knife like sua and gave several injuries on his body with the sua or that Akash and Prashant also caused injuries with the sua several times or that he State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 5 raised alarm but all of them continued beating him or that Akash forcefully took out his mobile phone Vivo V7 from his pocket and his purse containing Rs.8100/-, adhaar card and other documents or that all of them fled away from the spot after beating him and committing robbery. PW-1 volunteered to say that since it was dark and no source of light, where the incident had occurred, he could not see the faces of the assailant and also after the incident of beating he became unconscious and when he gained his consciousness, he found that his purse containing cash and other documents and his mobile phone, were missing. PW-1 further denied that his statement was recorded on 21.12.2017 at GTB hospital and he had named Akash, Munna, Vicky @ Katta and Prashant as the assailants who had committed the incident on 19.12.2017.
PW-1 further denied that after he was discharged from the hospital, he had shown the place of incident to the police and had given the addresses of all the four assailants in his statement. PW-1 failed to identify any of the accused before the court. He deposed that due to darkness he has not seen the faces of assailants. PW-1 denied that he has compromised the matter with the accused persons, that is why he intentionally not disclosing the true facts of the case and deliberately not identifying the accused persons, present in the Court today. PW-1 was not cross-examined on behalf of accused persons.
State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 6 9 During the examination of PW-1, before my court, I had asked him specifically as to whether he was under any pressure or coercion to depose in that manner before the court to which he replied in negative and stated that he was deposing voluntarily.
10 In these circumstances, the sole public witness i.e. PW- 1 has not supported the case of prosecution at all. His testimony was doubtful, untrustworthy and did not inspire any confidence. There was no other eyewitness of the incident in question. The evidence of other witnesses being only formal in nature, so no other witness was examined as no useful purpose would have been served by examining them. Therefore, PE was closed. Statements of accused persons u/s 313 CrPC were recorded in which they stated that they were innocent and falsely implicated in the present case.
11 I have heard final arguments on behalf of accused persons as well as ld. Addl. PP for State and gone through the record carefully.
12 In view of above discussion, I hold that since prosecution has not been able to prove its case against any of the accused as no material has come up against them, which is incriminating in nature, hence, all accused persons are acquitted of the offences u/s 397/394/392325/326/34.
State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 7 13 Now coming to the question of offence u/s 411 IPC. Accused Prashant has been charged of offence u/s 411 IPC. He has voluntarily pleaded guilty to that effect. Accordingly, accused Digitally signed by SAVITRI CHAUDHARY Prashant is convicted qua offence 411 IPC. SAVITRI ATTRI Location: Shahdara CHAUDHARY District, Karkardooma ATTRI Courts, Delhi Date: 2018.12.10 16:06:54 +0530 Announced in the open court (SAVITRI) today on 10.12.2018 Additional Sessions Judge-03 (Shahdara), Karkardooma Courts, Delhi State Vs. Akash @ Rahul & ors. FIR No. 1067/17 PS Nand Nagari 8