Delhi District Court
3.Title Of The Case: :State vs Sunil Kumar on 20 November, 2014
IN THE COURT OF SH VIPIN KHARB
METROPOLITAN MAGISTRATEI (NW)
ROHINI COURTS, DELHI
1.Case No. :2145/2
2.Unique I.D. No. :02401R0115322001
3.Title of the case: :State Vs Sunil Kumar
FIR No. 707/00, PS Sultanpuri.
4.Date of institution :20.07.07
5.Date of reserving Judgment :20.11.14
6.Date of pronouncement :20.11.14
J U D G M E N T :
(a) The date of commission 03.08.00
(b)The name of complainant SI Sukhram Pal
(c) The name of accused Sunil Kumar S/o Sh. Raj Kumar
R/O F3/25, Sultan Puri, Delhi.
(d) The offense complained of 279/338/427 IPC
(e)The plea of the accused Not guilty
(f)The final order Acquitted
(g)The date of such order 20.11.14
Brief facts for the decision of the case:
1. In In the present case, accused Sunil Kumar was put to the trial for the offence U/Sec 279/338 IPC on the allegations that on 03.08.00 at 02:30 PM at Main Mubarak Pur Road, Near Nithari road, Sultan FIR No. 707/00 St Vs Sunil Kumar Page 1 of 4 Puri, he was driving Tata Sumo No. DL2CH3369 in rash and negligent manner whereby he caused accident and caused grievous injuries to Raju S/o Sh. Phool Keshar.
After the usual investigation, the charge sheet for the offence U/Sec 279/338/427 IPC was prepared against the accused.
2. The aforesaid chargesheet was filed before the court on 20.07.01 whereupon the cognizance of the offence was taken against the accused. The provision of section 207 Cr.PC. was complied on 20.12.01.
3. After hearing the arguments, the accused was charged for the alleged commission of the offence U/Sec U/Sec 279/338/427 IPC to which the accused pleaded "Not Guilty" and instead claimed trial and accordingly the case was fixed for prosecution evidence.
4. During the course of the trial, prosecution examined Nil witness to substantiate the accusations levelled against the accused.
5. During the course of the trial, Summons to Complainant Raju Keshar through DCP(O) return with the report of no such person. Therefore, name of complainant Raju Keshar was dropped from FIR No. 707/00 St Vs Sunil Kumar Page 2 of 4 array of witnesses as he become "Untraceable".
6. Thereafter, on 20.11.2014 prosecution evidence was closed as Complainant Raju Keshar become untraceable and remaining witnesses were all formal witnesses and no fruitful purpose could have been served by examining them.
7. The Statement Of Accused was dispensed with as no incriminating evidence was brought on record against the accused.
8. In order to prove the offense U/S 279/338 against accused, the the prosecution was required to prove beyond reasonable doubt that the rash and negligent driving of the vehicle in question by the accused on the fateful day had cause the grievous injuries to the Raju Keshar. Henceforth, court shall now proceed further to evaluate the evidence available on record to find out if the prosecution has succeeded in its task or not.
Complainant Raju Keshar, the eyewitnesses of the incident and the star witnesses of the prosecution could not be examined as he become untraceable, therefore, eyewitnesses account of the incident couldn't be brought on the record. Therefore, the most important testimony that could have connected the accused with the offence in FIR No. 707/00 St Vs Sunil Kumar Page 3 of 4 question got lost and hence, the ingredients of the offence in question remained unproved.
Hence, it can be safely observed that no evidence is brought on the record to prove the guilt of the accused. In the light of the above said discussion the prosecution has not been able to prove it's case against the accused beyond reasonable doubts, hence, the accused is acquitted from the charges framed against him.
Announced in the open court (VIPIN KHARB)
on 20.11.2014 MMI/NW/DELHI
FIR No. 707/00 St Vs Sunil Kumar Page 4 of 4