Delhi District Court
State vs Afzal on 5 June, 2013
1
IN THE COURT OF MR. PRITAM SINGH, ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE/ SOUTH EAST DISTRICT/ SAKET
COURT COMPLEX, NEW DELHI.
Unique Identification no.02403R0482592007
Case no. RBT21/5 dated 05.04.2013
FIR No. 275/07
PSNew Friends Colony
U/s. 25/54/59 Arms. Act.
State Vs Afzal
JUDGEMENT
S. No. of Case : RBT21/5 dated 05.04.2013 Date of Commission : 02.06.2007 of offence Name of Complainant : Ct. Mohd. Fahim Name and address : Afzal of accused S/o Sh. Awaij Ali, R/o P21, Jamia Nagar, Okhla, Batla House, New Delhi.
Offence Complained : U/s. 25/54/59 Arms Act
Plea of accused : Not guilty
Fine Arguments heard : 05.06.2103
Date of judgment : 05.06.2013
Final order : Acquitted
Brief Reasons For Such Decision:
1. The brief case of the prosecution is that on 02.06.2007 at about 1250 a.m. at Batla House Check Post, New Delhi, accused was found in possession of one button actuated knife at a public place in contravention of notification issued by Delhi Administration.
FIR no. 275/07 State Vs Afzal
2
1.2 Chargesheet was filed in the court and the accused Afzal was supplied
complete set of documents. Thereafter, vide order dated 22.03.2010, charge was framed u/s 25/54/59 Arms Act against the accused to which he pleaded not guilty and claimed trial.
2. In order to prove charges against the accused, the prosecution has examined five witnesses in all. Ct. Mohd. Faheem was examined as PW1, Sh.Sandeep Kumar, LDC, Home Department, Delhi Secretariat as PW2, Ct. Sudhir as PW3, ASI Bhuley Ram, D.O. as PW4 and IO/SI Kameshwar Prasad as PW5. The following documents were exhibited in the prosecution evidence :
(i) The sketch of the knife Ex. PW3/A
(ii) The seizure memo of knife Ex. PW3/B
(iii) The arrest memo of accused Ex. PW3/C
(iv) The personal search of accused Ex. PW3/D
(v) Copy of FIR Ex. PW4/A
(vi) Endorsement on rukka Ex. PW4/B
(vii) Statement of Ct. Faheem Ex. PW5/A
(viii) Site Plan Ex. PW5/B
(ix) The notification dt. 17.2.1979 MarkX1
(x) The knife Ex. P1
3. Statement of accused Afzal U/s. 313 CrPC r/w 281 Cr. P.C was recorded on 31.05.2013 wherein he refuted the allegations against him. Accused did not lead defence evidence.
4. I have heard learned APP for state and learned defence counsel for accused besides going through the record carefully.
FIR no. 275/07 State Vs Afzal 3
5. On the basis of oral testimonies and documentary evidence on record, I am of the opinion that the accused deserves to be acquitted on account of the following reasons :
5.1 PW1 deposed that on 02.06.2007, he had reached Batla House Chowk during patrolling from 1200 night to 500 a.m. One person started running on the sight of police. He apprehended him and informed the P.P. Jamia Nagar. At 1250 a.m., ASI Kamleshwer Parshad and Ct. Sudhir reached at the site. They recovered one knife from the possession of accused. PW5 SI Kamleshwar Parshad deposed that on 02.06.2007 at about 0100 p.m., one telephonic information was received in the P.S. regarding apprehension of one person alongwith buttondar knife at Batla House Chowk. He alongwith Ct. Sudhir went at the spot and there Ct. Faheem was found alongwith one person/accused who was apprehended. He handed over one buttondar knife to him and informed that it was recovered from the accused. From the depositions of PW1 and PW5, it is not clear who had recovered the knife from the possession of the accused. PW1 deposed that he alongwith IO Kaneshwar Parshad and Ct. Sudhir recovered the knife, however, IO deposed that when he received the information, the knife was already recovered by Ct. Mohd. Faheem who is PW1, from the possession of accused. It is a glaring discrepancy in the deposition of PWs as it is not clear who has recovered the knife from the possession of the accused. As there is a doubt regarding the recovery of knife from the accused, therefore, I am of considered view that prosecution failed to prove its case against the accused person without reasonable doubt and it is well settled law that benefit of doubt goes in favour of the accused.
FIR no. 275/07 State Vs Afzal 4 In a nutshell, accused Afzal S/o Awaij Ali stands acquitted from the offence u/s 25/54/59 Arms Act. Bail bond and surety bond are extended for next six months. Case property stands confiscated to the State. File be consigned to the Record Room.
Announced in Open Court (PRITAM SINGH ) Dated: 05.06.2013 Additional Chief Metropolitan Magistrate South East District/Saket Court Complex, New Delhi/05.06.2013 FIR no. 275/07 State Vs Afzal 5 Unique Identification no.02403R0482592007 Case no. RBT21/5 dated 05.04.2013 FIR No. 275/07 PSNew Friends Colony U/s. 25/54/59 Arms. Act.
State Vs Afzal
05.06.2013
Present: Ld. APP for the State.
Accused on bail with counsel.
Final arguments heard.
Put up for order at 0400 p.m.
(PRITAM SINGH)
ACMM/SOUTH EAST DISTRICT/
SAKET COURT COMPLEX/NEW DELHI
05.06.2013
At 0400 p.m.
Present: Ld. APP for the State.
Accused on bail with counsel.
Vide separate judgment of even date, accused Afzal S/o Sh. Awaij Ali is acquitted from offence u/s 25/54/59 Arms. Act. Bail Bond and surety bond are extended for next six months at the request of Afzal. Original documents may be returned. Endorsements if any, be cancelled. File be consigned to record room after due compliance.
(PRITAM SINGH)
ACMM/SOUTH EAST DISTRICT/
SAKET COURT COMPLEX/NEW DELHI
05.06.2013
FIR no. 275/07 State Vs Afzal