Delhi District Court
State vs Kasim on 8 January, 2026
IN THE COURT SH. ROHIT KUMAR
JUDICIAL MAGISTRATE FIRST CLASS- 04
NORTH: ROHINI COURT : NEW DELHI
Cr. Case 1848/2020
STATE Vs. Kasim
FIR no. 559/2016 (PrashantVihar)
JUDGMENT
A Registration Number 1848/2020
B Name of the HC Phool Kumar
complainant
C Name of the accused & Kasim
his parentage and S/o Sh. Nisar Khan
address Ro H No 834, Gali No. 18, Jeevan park
Siraspur, Delhi.
D Offence Complained of 186/353/332/506 IPC E Date of commission of 02.07.2016 offence.
F Date of Institution 08.06.2020 G Offence Charged 186/353/332 IPC H Plea of the accused Pleaded not guilty. person I Order Reserved on 08.01.2026 J Date of Pronouncement 08.01.2026 K Final Order Acquittal.
Vide this judgment, the accused Kasim is being acquitted of the offence punishable under Section 186/353/332 IPC in this case FIR No. 559/2016, Police Station Prashant Vihar for the reasons mentioned below:
1. PROSECUTION'S CASE:
It is the case of the prosecution that 02.07.2016 at about 07:15pm, Sector-11, Rohini Delhi within the jurisdiction of PS Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 1/10 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2026.01.08 16:47:47 +0530 Prashant Vihar, Delhi, accused in order to resist the HC Phool Kumar (police official) and obstructed his duty of vehicle checking, complainant HC Phool Kumar in the exercise of the lawful power of such public servant, accused used criminal force and violence to obstruct said public servant in discharge of their public functions, duty and deter/prevent said public servant for discharging their duties as public servant and while assault or criminal force , accused voluntarily caused hurt to said public servant and also threatened complainant HC Phool Kumar to kill him.
That based on these facts, it is the case of the prosecution that the accused is stated to have committed offence u/s. 186/332/353 IPC which led to registration of FIR No. 559/2016 at PS Prashant Vihar.
2. CHARGE:
In compliance of the procedural mandate u/s. 173 Criminal Procedure Code (hereinafter referred to as "CrPC"), charge sheet against the accused Kasim S/o Sh. Nisar Khan was filed in the present matter, upon completion of investigation.
Accused person was summoned to face trial and was supplied with the copy of the charge-sheet as per s. 207 CrPC to accused.
Based on the charge-sheet, a charge for the offences punishable u/s. 186/332/353 IPC was framed against the accused person, to which he did not plead guilty and claimed trial.
3. APPLICABLE LEGAL PROVISIONS:
3(a). Section 186 IPC - Obstructing public servant in discharge of public - Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 2/10 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2026.01.08 16:49:04 +0530 hundred rupees, or with both.
Section 332 IPC - Voluntarily causing hurt to deter public servant from his duty- Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 353 IPC - Assault or criminal force to deter public servant from discharge of his duty - Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
4. PROSECUTION EVIDENCE: -
4(a). PW-1 Retired ASI Phool Kumar deposed that on 02.07.2016, he was posted at PS Prashant Võur as Head Constable. Further deposed that on that day, he along with Ct.
Vikas, Ct Harsh and other staff were on picket duty at Rithala Rosid, Sector-11 near Police Booth and at around 07:15 Pim, Two bays were coming from Rithala and were going towards Sector-11, Rohini, Delhi, on motorcycle without helmet and at some distance from picket one of the boys got down from the motorcycle and started naming towards Rithala. Further deposed that the boy who was driving the motorcycle was instructed to stop his bike by his. However, he slowdown his bike but he did not stop his bike and when he held back side support his bike, he fell down but still he did not stop its make and dragged him on Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 3/10 Digitally signed by ROHIT ROHIT KUMAR Date:
KUMAR 2026.01.08 16:48:08 +0530 the road for 10 -15 meters as he was holding the bike and that boy also fell on the road. Further deposed that in that incident, he suffered injury and also his police attire was torn. Further deposed that at some distance accused was apprehended by other police officials and after some time, his name was revealed as Kasim. Further deposed that 100 number call was made and thereafter PCR came. Further deposed that he gave his statement to HC Harish Kumar which is Ex PW I/A bearing his signature at point A. Further deposed that Site was also prepared at his instance which is Ex. PW 1/B bearing his signature at point A . He was also taken for his medical examination in BSA Hospital. Further deposed that the bike being driven by the boy was also seized by the 1O vide seizure memo Ex PW 1/C bearing his signature at point A. Further deposed that accused Kasım was also arrested in his presence vide arrest memo Ex PW-I/D bearing his signature at point A and personal search of accused was also conducted in his presence vide memo Ex. PW1/E bearing his signature at point A Further deposed that he can identify the accused if shown to him. Accused was present in the court and correctly identified by the witness. Witness also deposed that he can also identify Motorcycle if shown to him.
During his examination, the photographs of the motorcycle as available on the record, were shown to the witness and after seeing the same, witness states that he can not identify the motorcycle however, as far as his knowledge is concerned last four digit of the bike number was 8800. The photographs are Ex. PW-1/D. During the cross-examination by the ld. APP for the State PW1 deposed that his statement u/s 161 Cr.P.C was recorded by IO Harish Kumar and the same is Ex PW I/F. Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 4/10 ROHIT by Digitally signed ROHIT KUMAR KUMAR Date: 2026.01.08 16:48:12 +0530 PW1 was again shown the photographs of the motorcycle and told him that it was the same motorcycle which was being driven by accused Kasim at the time of incident and witness afrer seeing the same for 1-2 minutes, deposed that the motorcycle might be the same but he is not sure because in photographs accused is standing with bike. Further he denied the suggestion that the aforesaid bike is the same bike which was driven by the accused. Further admitted that due to his old age his eye sight has become weak he can not read and see properly despite spectacles and he deposed that his age is 61 year.
Court Question.
Q.Can you tell the number of offending vehicle and color with the help of your memory?
A. The bike number was D1-85-131-8800 and color of the bike was black at the top side and some portion blue and white in the lower side PW-2 Retired HC Ram Mehar Singh, deposed that on 02.07.2016, he was posted as constable at PS Prashant Vihar.
Further deposed that on that day, he was doing police picket duty alongwith HC Phool Kumar at Rithala picket. Further deposed that on that day at about 7:15 PM, two persons who was on bike bearing number DL8S-BT-8800, was coming from Rithala metro station direction. Thereafter HC Phool Kumar give indication to stop, upon which said person reduced speed of said bike and thereafter the pillion rider fled away. Thereafter the rider of the said bike again increased the speed and tried to run away. Thereafter HC Phool Kumar caught the rider of the bike from behind due to which rider (accused) and IC Phool Kumar fell Digitally Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 5/10 signed by ROHIT ROHIT Date:
KUMAR KUMAR 2026.01.08 16:48:19 +0530 down on the road and received some minor injuries and he took the said bike in his possession. Thereafter HC Phool Kumar informed regarding the incident at the PS. Thereafter IO HC Harish Kumar alongwith HC Vikas came at the spot and HC Phool Kumar handed over the bike and accused persons to the IO. Thereafter HC Phool Kumar gave his statement already Ex. PW-I/A. Thereafter site plan was prepared at the instance of HC Phool Kumar already Ex. PW-1/B and medical examination of HC Phool Kumar was also got conducted and IO also conducted personal search and found one mobile phone from the accused during personal search and prepared search memo already Ex. PW-1/E and case property was deposited in malkhana and medical examination of accused was got conducted and accused was sent behind the lock-up after giving food to him.
Accused was present in the court and correctly identified by the witness.
During the examination of the PW2, four coloured photographs of the bike bearing number DL8S-BT-8800 shown to the witness from judicial and witness correctly identified the same.
During the cross-examination by the Ld. APP for the State, PW 2 admitted that after recording statement of HC Phool Kumar, IO prepared tahrir and same was handed over to HC Vikas for registration of FIR. Further admitted that IO had requested from near by person to join the police proceedings. Further admitted that no CCTV Camera was installed at the spot. Further admitted that the said motor-cycle was seized by the IO vide memo already Ex. PW-1/C. Further deposed that accused was arrested vide memo Ex. PW-1/D. PW3 HC Vikas deposed that on 02.07.2016, he was Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 6/10 Digitally signed ROHIT by ROHIT KUMAR KUMAR 16:48:23 Date: 2026.01.08 +0530 posted at PS Prashant Vihar as HC. Further deposed that on that day, he was on emergency duty with HC Harish and were present in the area and at about 7:30 p.m., IO/HC Harish received DD no. 64B on which he alongwith IO reached at the spot i.e. Sector- 11, Rithala picket in front of Punjab Sweets. Further deposed that HC Phool Singh and Ct. Ram Mehar were present there. Further deposed that they produced one person namely Kasim and his motorcycle bearing no. DL8800, make of Super Splendor colour black. Further deposed that IO recorded the statement of HC Phool Singh and prepared rukka. Further deposed that Rukka was handed over to him for registration of FIR. Accordingly, he visited the PS Prashant Vihar for registration of FIR and after registration of FIR, he came back at the spot and handed over the original rukka and copy of FIR to IO. Further deposed that IO seized the motorcycle vide seizure memo, Ex. PW-1/C, bearing his signature at point B. Thereafter, IO arrested and personally searched the accused vide memos Ex. PW-1/D and Ex. PW-1/E, both bearing signatures at point B. Thereafter, they went to PS where case property was deposited in Malkhana. Thereafter, accused was sent to lock-up after medical examination. IO recorded his statement.
Accused Kasim was present in the Court (correctly identified by the witness).
Further deposed that he can identify the case property, if shown to him.
During examination, 04 photographs attached with judicial file were shown to the witness and witness correctly identified the same, Ex P 1/D (colly).
PW 4 ASI Dhirendra Kumar deposed that in the month of January, 2020, he was posted at PS Prashant Vihar as ASI. Further deposed that during that period, file of present case was Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 7/10 Digitally signed ROHIT by ROHIT KUMAR KUMAR Date: 2026.01.08 16:48:26 +0530 marked to him for investigation as per the direction of concerned SHO. Thereafter, he prepared final charge-sheet and submitted before the Hon'ble High Court.
5. STATEMENT OF ACCUSED:
During statement recorded U/s 294 Cr.P.C. accused did not dispute the genuineness of the documents i.e FIR no. 559/2016 ated 02.07.2016 Ex P1, Certificate U/s 65B of Indian Evidence Act, Ex. P2, DD No. 64B and 53B, both dated 02.07.2016 PS Prashant Vihar, Ex. P3 and P4, MLC No. 8260/116358 dt. 02.07.2016 Ex. P5, birth certificate dt. 27.12.2019 Ex. P6 and permission u/s 195 Cr.P.C made by ACP PS Prashant Vihar, Ex.
A1.
6. In this matter, the case of the prosecution is that on 02.07.2016, at about 7:15 pm at Rithala Picket, Sector-11, Rohini Delhi, accused in order to resist the HC Phool Kumar and obstruct him from his duty of vehicle checking, used criminal force and violence against him so that he may be prevented from discharging his duty as public servant.
It is pertinent to mention that in this matter, 1 st IO HC Harish Kumar could not be examined before the Court as expired and he had done the investigation in this case.
After considering all facts and circumstances of the case, testimony of witnesses recorded before the Court, statement of witnesses recorded U/s 161 Cr.P.C, MLC of the victim and written arguments filed by the Ld. counsel for accused, Court is of the view that accused is entitled for acquittal for the offence u/s 186/332/353 IPC on following grounds:
(a) In this matter, no public witness has been joined in the Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 8/10 ROHIT Digitally signed by ROHIT KUMAR KUMAR 16:48:30 +0530 Date: 2026.01.08 investigation despite the fact that there was the presence of public persons at the spot as reflected from testimony of witnesses.
(b) As per the deposition of PW retired ASI Phool Kumar, he was dragged with the motor-cycle on road for 10-15 meter as he was holding the bike from the back side to stop the driver of the motor-cycle. Due to this incident, he sustained injury and his uniform was torn. It is pertinent to mention that perusal of MLC of PW ASI Phool Kumar prepared on the same day of incident is reflecting that he sustained no injury. In the MLC exhibited as P5, it is mentioned that no visible injury at the time of medical. It is again pertinent to mention that during the investigation, torn uniform of PW ASI Phool Kumar was not seized by the IO which was a case property in this case. PW ASI Phool Kumar also deposed that uniform was not seized by the IO. Non-mentioning of injury on MLC and non-seizure of case property i.e uniform by the IO is going against the story of the prosecution and raising the serious doubts on the story of the ASI Phool Kumar. It is very hard to believe that one person who had been dragged by vehicle for 10-15 meters, did not sustain any injury.
(c) It is pertinent to mention that in the statement recorded u/s 161 Cr.P.C, it was stated by PW ASI Phool Kumar that medical examination of the accused was done. However, in the judicial record, there is no MLC of the accused due to the reasons best known to the police. This fact is also raising the doubts in the story of the prosecution.
(d) In this matter, there is no CCTV footage covering the incident in question.
(e) Prosecution has not placed on record any document to show that on the day of incident, there was picket duty of PW ASI Phool Kumar at Rithala Road, Sector-11, Near Police Booth.
Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 9/10ROHIT Digitally signed ROHIT KUMAR KUMAR Date: 2026.01.
16:48:33 +053 This has also raised the doubts on the story of the prosecution
(f) In this matter, PW Retired ASI Phool Kumar during the cross-examination recorded on 23.02.2024 deposed that his uniform was torn from the right side of his shirt. However, in the deposition recorded on 21.09.2024, he deposed that his uniform was torn from the left side. This inconsistency in the cross- examination of PW Retired ASI Phool Kumar is also raising the doubts in the story of the prosecution.
7. CONCLUSION:
The onus and duty to prove the case against the accused is upon the prosecution and the prosecution must establish the charge beyond reasonable doubt. It is also a cardinal principle of criminal jurisprudence that if there is a reasonable doubt with regard to the guilt of the accused, the accused is entitled to benefit of doubt resulting in acquittal of the accused. In light of the above discussion, the unequivocal conclusion that comes forth is that the prosecution has failed to prove the case against the accused on the touchstone of "beyond reasonable doubt". Accordingly, accused Kasim S/o Sh. Nisar Khan is acquitted for the offence U/s 186/353/332 IPC.Digitally signed by ROHIT
ROHIT KUMAR Date:
KUMAR 2026.01.08 16:48:36 Announced in open +0530 court on 08.01.2026 (ROHIT KUMAR) JMFC-04 (North) Rohini Courts Delhi/08.01.2026 Certified that this judgment contain 10 pages and each page bears my signature. ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2026.01.08 16:48:41 +0530 (ROHIT KUMAR) JMFC-04 (North) Rohini Courts Delhi/08.01.2026 Cr. Case 1848/2020 STATE Vs. KASIM FIR No. 559/2016 Page 10/10