Delhi District Court
State vs . Surender Kumar on 11 May, 2012
FIR No:93/2000
State Vs. Surender Kumar
IN THE COURT OF Dr. JAGMINDER SINGH: METROPOLITAN
MAGISTRATE, DWARKA COURTS, NEW DELHI
FIR NO: 93/2000
PS: Dabri
U/s: 427/451 IPC & 174A IPC
State V. Surender Kumar
Date of institution of the case : 05/12/2000
Date on which Judgment was reserved : 11/05/2012
JUDGMENT
a) S. No. of the case : 120/2
b) Date of commission of offence : 30.01.2000
c) Name of the Complainant : Kalpna W/o Sh. Kannan
R/o RZG19, Dabri Extn.,
Gali No.3, New Delhi.
FIR No:93/2000
State Vs. Surender Kumar
d) Name of accused and address : Surender Kumar @ Pappi
S/o Sh. Kishan Chand
R/o Village, P.O and PS:
Kartarpur, Distt. Jalandhar,
Punjab.
e) Offence complained of : u/s 427/451 & 174A IPC
f) Plea of accused : Pleaded guilty
g) Final order : Convicted
h) Date of such order : 11/05/2012
BRIEF STATEMENT OF THE REASONS FOR THE DECISION :
1. The present case was registered on the complaint of complainant Smt. Kalpna in which he alleged that on 30.01.2000 at about 4 pm accused along with two other accomplices trespassed into her house and damaged the toilet building constructed in her house. At her complaint the present case FIR No.93/2000 u/s 448/427 IPC at PS:
FIR No:93/2000 State Vs. Surender Kumar Dabri was registered. After completion of investigation, charge sheet was filed against accused Surender Kumar for the offence U/s 448 /427 IPC.
2. After taking cognizance, copies were supplied to the accused and on considering the prima facie documents on record, notice served on the accused for the offence u/s 427/451/34 IPC to which he pleaded not guilty and claimed trial and the matter fixed for PE.
3. Thereafter, accused remained absent and vide order dt.28.03.2005 he was declared P.O. Four witnesses examined u/s 299 Cr.P.C and thereafter PE u/s 299 Cr.P.C closed as complainant Kalpna could not served and remained untraceable and file was ordered to be consigned to record room.
FIR No:93/2000 State Vs. Surender Kumar
4. Accused was arrested on 09.05.2012 and produced before the court on 10.05.2012 with supplementary charge sheet u/s 174A IPC. Accused was remanded to one day Judicial custody and today produced before the court. Accused submits that he want to plead guilty in the present matter and want to finish the case.
5. Court satisfied that accused pleaded guilty voluntarily and without any undue influence etc. I have perused the charge sheet and documents attached with it. Keeping in view the evidence placed on record and plea of the accused, the accused is convicted for the offence u/s 427/451 IPC & 174A IPC.
Let the convict be heard on the point of sentence. Announced in the open court on this 11th day of May' 2012 (Dr. JAGMINDER SINGH) This judgment contains 4 pages METROPOLITAN MAGISTRATE which bears my signatures at DWARKA COURTS/DELHI each page.
FIR No:93/2000 State Vs. Surender Kumar IN THE COURT OF Dr. JAGMINDER SINGH: METROPOLITAN MAGISTRATE, DWARKA COURTS, NEW DELHI FIR NO: 93/2000 PS: Dabri U/s: 427/451 IPC & 174A IPC State V. Surender Kumar 11/05/2012 ORDER ON SENTENCE Present: APP for the State.
Convict produced from J/C. Ld. Counsel for convict.
I have heard the convict and Ld. APP for the State. Ld. APP for the State submitted that convict is liable to get maximum punishment. On the other hand Ld. Counsel for convict stated that he is a very poor person and there is no any other earning member in his family. He is already in Custody since 09.05.2012 in this case. He is aged about 48 years and having two children, wife and old mother to maintain. He is coming in this matter from Jalandhar (Punjab) i.e about 400 km. He is facing the trial of this case since last about 12 years. He apologize for his FIR No:93/2000 State Vs. Surender Kumar guilt. Therefore, a lenient view may be taken against him.
In view of the argument of both the parties and in view of the facts and circumstances of the case, the court comes as the conclusion that convict is a poor person and apologized for his guilt, therefore, in view of reformative theories of punishment, a lenient view is taken against convict. Convict Surender Kumar is sentenced in this case with simple imprisonment for the period which he had already undergone during his custody along with fine of Rs.2,000/ for the offence u/s 427/451 IPC & 174A IPC in case FIR No.93/2000 PS: Dabri. In default of fine he shall undergo further SI for the period of 20 days. Fine paid. Hence, the convict be released hereby in this case, if not required in any other case.
Copy of order be supplied to the convict. File be consigned to record room after due compliance.
(Dr. JAGMINDER SINGH) METROPOLITAN MAGISTRATE DWARKA COURTS/DELHI FIR No:93/2000 State Vs. Surender Kumar FIR NO: 93/2000 PS: Dabri U/s: 427/451 IPC & 174A IPC State V. Surender Kumar STATEMENT OF ACCUSED Surender Kumar @ Pappi S/o Sh. Kishan Chand R/o Village, P.O and PS: Kartarpur, Distt. Jalandhar, Punjab.
On S.A. I pleaded guilty in the present case and admit my guilt. I pleaded guilty without any fear, force and coercion and without pressure from any side and a lenient view may kindly be taken by this Hon'ble Court. RO & AC ( Dr. JAGMINDER SINGH) M.M. Dwarka Courts 11.05.2012 FIR No:93/2000 State Vs. Surender Kumar FIR NO: 93/2000 PS: Dabri U/s: 427/451 IPC & 174A IPC State V. Surender Kumar 11/05/2012 File taken up today with supplementary charge sheet u/s 174A IPC.
Present: Ld. APP for the State.
Accused produced from J/C. Sh. B.N. Sah, Ld. Counsel for accused. Accused Surender Kumar pleaded guilty. Vide separate statement, accused admitted his guilt voluntarily. In view of facts and circumstances and plea of accused, he is convicted and sentenced vide separate Judgment and order on sentence of even date. File be consigned to record room.
(Dr. JAGMINDER SINGH) METROPOLITAN MAGISTRATE DWARKA COURTS/DELHI