Delhi District Court
State vs Satpal on 14 February, 2007
1
IN THE COURT OF SH. RAJ KAPOOR: MM: KARKARDOOMA
COURTS: DELHI
FIR NO.551/06
U/S 25 Arms Act
State Vs Satpal
P.S. M S Park
JUDGEMENT :355 Cr.P.C
a) the serial number of the case : 151/06
b) the date of the commission : 6.12.06 of th offence
c) the name of the complainant : Ct. Viresh. (if any)
d) the name of the accused : Satpal s/o Dharam Singh person, and his parentage r/o 80 Sq. Yards Plot, near Idgah and residence jhuggi Mandoli Delhi.
e) the offence complained of or : U/s 25 Arms Act proved
f) the plea of the accused and : Pleaded not guilty.
his examination if any
g) final order : Acquitted
h) date of such order : 14/02/07
e) a brief statement of the reasons for the decision:-
Briefly facts of the case are that accused is facing trial on the allegations of the prosecution that on 6.12.06 at 6. pm Ram Nagar Khatta near Mandoli Road Corner, M S Park, Delhi, within the jurisdiction of PS M S Park, accused was found in possession of one buttondar knife in contravention of notification issued by Delhi Admn. Accordingly, accused was arrested and booked for the offence u/s 25 Arms Act. 2
2. After completion of the usual investigation charge sheet was filed to the court. Copies were supplied to the accused.
3. Arguments on charge were heard, charge u/s 25 Arms Act was framed against the accused to which he pleaded not guilty and claimed trial.
4. Thereafter, the prosecution has examined 1 witness namely PW1 Ct.
Viresh
5. After that the prosecution evidence was closed and statement of accused u/s 281 Cr. P.C. was recorded in which the defence of the accused was of denial simplicitor. However, no defence evidence was led by the accused.
6. Arguments were heard of both sides. I have perused all the testimony of above said witnesses and in this case PW1 is a recovery witness. The testimony of this witness remains un-corroborated as no other witness has been examined by the prosecution. Further, no public person has been made witness in this case. There is also no DD entry on record regarding their departure and return to PS. Since in this case no public person has been made witness so the seizure memo and search memo remains unsigned by any public witness therefore 3 keeping in view the citation 'Md. Raffiq Vs State - 2000 Cri. L.J. 2401 (Delhi High Court)' the benefit of which goes to the accused. Therefore, keeping in view the above facts and circumstances PE was closed and request of ld. APP for further PE was declined as no fruitful purpose would be served in examining rest of the witnesses. Further, there is no memo regarding handing over the seal to Constable. Accused is in JC w.e.f 7.12.2006 therefore, keeping in view the above facts and circumstances of the case I acquit the accused by giving him benefit of doubt. He be released from jail if not required in any other case. File be consigned to RR.
ANNOUNCED IN THE OPEN COURTS ON THIS 14.02.2007 ( RAJ KAPOOR) METROPOLITAN MAGISTRATE DELHI