Delhi District Court
State vs . Ghanshyam Choudhary on 10 October, 2011
IN THE COURT OF MS. POOJA TALWAR,
METROPOLITAN MAGISTRATE,
( MAHILA COURT - SOUTH EAST DISTRICT )
SAKET COURTS, NEW DELHI.
Serial No. 212/08
Unique Case Identification No. 02406R1013942007
State Vs. Ghanshyam Choudhary
FIR No. 290/07
P. S. New Friends Colony
U/S U/s 448/509 IPC
JUDGMENT:
1. Date of institution 21072007
2.Date of commission of offence 08062007
3.Name of the complainant State through Veena
Bakshi
4.Name of the accused (1) Ghanshyam Choudhary
S/o Sh. Ram Charit
R/o H.No. D194, Nehru
Vihar, IInd Floor, PS
Timarpur, New Delhi
5.Nature of offence complained of U/s 448/509 IPC.
6.Plea of the accused person Accused pleaded not guilty
FIR No. 290/07
P.S. New Friends Colony Page No. 1 of 14
7. Date reserved for order 05102011
8.Final Order conviction
9.Date of such order 10102011
Date of Institution : 21072007
Date of reserving order : 05102011
Date of pronouncement : 10102011
BRIEF FACTS OF THE CASE:
1. The accused was arrested and brought before this Court by the police of police station New Friends Colony for committing house trespass on 08.06.07 at 12.40 PM at H.No D 996, New Friends Colony by entering into the house of the complainant and on the date, time and place used obscene words with intention to outrage the modesty of the complainant on her phone from his phone, thereby committing the offence u/s 509 IPC.
2. After complying with the provisions of section 207 Cr. P.C formal charge was framed against the accused persons for offence u/s 448/509 IPC on 240908 to which he pleaded not guilty and FIR No. 290/07 P.S. New Friends Colony Page No. 2 of 14 claimed trial.
3. To prove its case, prosecution examined five witnesses PW 1 Head Constable Hawa Singh he was the duty officer. He recorded the FIR. Copy of which Ex. PW 1/A.
4. PW 2 is the complainant Veena Bakshi deposed that accused was a student of law where she was posted as a professor. In the year 2005 after the declaration of the result accused made a loud noise in the centre premise. He used highly obnoxious language. His behaviour was overlooked as it was informed that he is of unsound mind. During the last 4 years he could clear only 4 papers after that he started calling the complainant on her telephone no. He used to say all kinds of outrageous and pornographic stuff including four letter words. Once the brother of accused came to the house of complainant and said that she should pass him in the examination. Then on 08.06.2007 at about 12.40 PM the accused went to the house complainant and scribbled on the back wall of the house. He wrote he wanted to marry her daughter. And then he started coming inside the house. Her daughters felt insecure. She called up the police who took the accused away. Even thereafter the accused continued to make obscene phone calls FIR No. 290/07 P.S. New Friends Colony Page No. 3 of 14 and visit the house of the complainant. He even left some papers and things like bangles, sindur and fruits. He even threw brick inside the house of the complainant. He used to stand outside the class where the complainant was teaching. He followed the complainant to Nirula's restaurant to her college. The accused has been stalking the complainant. The matter was reported to the police on 08.06.2007.
5. She was cross examined by the counsel for the accused wherein she stated that accused used to enter her house by main gate. He used to stand in the drive way. Then went to the back varandha and also sat on the front varandha. She denied having any personal grievance against the accused.
6. PW 3 Head constable Satbir Singh deposed that on 08.06.2007 complainant handed over a complaint along with the accused. IO sent him for registration of the FIR. IO prepared the site plan and had arrested the accused vide memo Ex. PW 3/A. His personal search was also conducted. Medical examination of accused was conducted at AIIMS.
7. PW 4 Sub Inspector Attar Singh deposed that on 08.07.2007 he received DD No. 8A on the basis on which FIR was registered. He FIR No. 290/07 P.S. New Friends Colony Page No. 4 of 14 prepared the site plan and obtained photographs of the wall. He arrested the accused and conducted his personal search. He recorded statement of witness and prepared the site plan. Photographs are Mark A1 to A3.
8. He was cross examined by the counsel for the accused where he admitted that he did not take any call details of telephone and that he did not collect the documents of medical examination of the behaviour of the accused.
9. PW 5 Tanvi Bakshi deposed that she does not remember the exact date but since the year 2007 they have received obscene and vulgar phone calls on landline no. 26918110. The calls were made by the accused. He used to call 1020 times from 4 AM to late night. He used to say "mogli ji mein aapki mummy se aur aap se pyaar karta huin aur shaddi karna chahta huin". Once he entered their house and went to the back varanda and wrote obscene words on the wall and drew a picture. She was present in the house at that time and saw him writting on the wall. Her mother informed the police. Police came to the spot and took the photographs. She identified the accused in the Court. She also identified the photographs mark A1 to A3.
FIR No. 290/07 P.S. New Friends Colony Page No. 5 of 14
10.Evidence of the prosecution was closed on the statement of Ld. APP. Statement of accused was recorded wherein he denied the allegations levelled against him and stated that it is a false case against him. He was a student of complainant. She did not pass him in the class for 4 times and when he asked her the reason for the same, she filed present case against him.
11.The case was argued at length by the Ld. APP for the State and the counsel for the accused. Ld. APP submitted that the prosecution has substantially succeeded in establishing the case against the accused. From the depositions of the prosecution witnesses guilt of the accused is proved beyond reasonable doubt.
12.On the contrary, counsel for the accused argued that it is a false case filed against the accused in order to wreck vengeance against him. When he tried to know the reason for his non qualifying in the subject of the complainant, she got furious and filed the present case. Secondly, the handwritting on the wall has not been verified with the admitted writting of the accused. Thirdly, the specific date when the call has made has not been mentioned. Even the complainant has admitted that on 08.06.2007 the accused has not made a call. Fourthly, the prosecution has not FIR No. 290/07 P.S. New Friends Colony Page No. 6 of 14 collected the call details to prove the offence.
13.I have heard the rival contentions of both the counsels as well as gone through testimonies of witnesses and perused the records. Accused is firstly charged for the offence u/s 448 IPC for committing house trespass.
14.House trespass has been defined u/s 442 IPC which reads as Criminal trespassWhoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such, or with intent to commit an offence, is said to commit "criminal trespass".
House trespass Whoever commits criminal trespass by entering into or remaining in any building , tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody or property, is said to commit "housetrespass".
FIR No. 290/07 P.S. New Friends Colony Page No. 7 of 14 Explanation The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house trespass.
15.It is the case of the prosecution that on 08.06.2007 at about 12 PM the accused entered the house of the complainant. He stood in the drive way and scribbled on the back wall of her house and wrote that he wanted to marry the daughter of the complainant. The complainant called the police. Police came and apprehended the accused from the house of the complainant.
16.The vital ingredients to prove the offence of house trespass i.e.
(a) entering into the property
(b) unlawfully remaining there
(c) having an intent to intimidate insult or annoy the person in possession of the property have been proved.
17.The testimony of PW 2 Professor Veena Bakshi to the extent of trespassing into the property of the complainant is further corroborated with the testimony of other prosecution witnesses. Even the site plan Ex. PW 4/B shows the place of arrest of the accused.
18.Prosecution has succeeded in proving the the guilt of the accused FIR No. 290/07 P.S. New Friends Colony Page No. 8 of 14 to the extent that accused entered into the property of the complainant unlawfully and remained there with the intent thereby to intimidate, insult or annoy the complainant. Once the prosecution has proved the presence of the accused in the property of the complainant which is also evident from the arrest of the accused from the said place. It was for the accused to explain as to why he entered the property despite resistance from the complainant. The accused has failed to do so. Accordingly accused is convicted for the said offence.
19.The other offence with which the accused is charged with the offence u/s 509 IPC read as under
word, gesture or act intended to insult the modesty of a woman Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman.
20.As per the complainant the accused used to make obscene calls at her house. He also wrote on the wall of the house that he FIR No. 290/07 P.S. New Friends Colony Page No. 9 of 14 wanted to marry with the daughter of complainant. The testimony of the complainant as regard making obscene calls is concerned the same is corroborated with the testimony of PW 5 who is the daughter of the complainant. PW 5 has mentioned the specific words uttered by the accused on phone "mogli ji mein aapki mummy se aur aap se pyaar karta hoon aur shaadi karna chahta hoon". The said obscene words were also scribbled by the accused on the wall of the house of the complainant. Police was called and photographs of the wall were taken. Same are mark A1 to A3. The photographs have identified by all the prosecution witnesses.
21.Even in the cross examination of PW 2, the complainant not even a suggestion has been given that the accused did not enter the property of the complainant or never made the phone calls or scribbled on the wall. This tentamounts to admission on part of the accused.
22.Accused in his statement u/s 281 Cr.P.C has not specifically denied all the allegations. He has simply stated that he has been roped in as he asked the complainant about the reason of his failure in the exams. His defence is quite absurd. He has neither FIR No. 290/07 P.S. New Friends Colony Page No. 10 of 14 denied his entry in the house nor the making of phone calls. He has not even disputed the photographs.
23.There is sufficient material on record to prove the offence u/s 509 IPC against the accused. The accused is accordingly convicted for the said offence. Now to come up arguments on sentence.
Announced in open court ( POOJA TALWAR )
on 10102011. M.M/MAHILA COURT/SED
Saket Courts, New Delhi.
FIR No. 290/07
P.S. New Friends Colony Page No. 11 of 14
FIR No. 29007
P. S. New Friends Colony
10102011
Present : Ld. APP for State.
Accused with counsel.
Vide my separate judgment of the even date accused has been convicted.
An application has been filed on behalf of the accused for suspension of sentence for a period of one month. The accused shall surrender before the Court after one month.
Copy of the judgment and order on sentence will be provided within next three days as the judgment is still in the process of being typed. The period of appeal shall commence from the day on which the judgment is received by the counsel for the convict. The same shall be free of cost.
( POOJA TALWAR ) MM/MAHILACOURT/SED Saket Courts, New Delhi.
FIR No. 290/07 P.S. New Friends Colony Page No. 12 of 14 FIR No. 29007 PS New Friends Colony ORDER ON SENTENCE 10.10.2011 Present Ld. APP for the State.
Accused/ Convict Ghanshyam Choudhary is present with counsel.
I have heard the arguments on the point of sentence from Ld. APP for the State and the Ld. Defence Counsel for the accused. It is submitted that the accused is a young man of about 38 years of age and he is a student of Law in Bihar. Due to filing of present case by the complainant the accused has lost his mental balance and is under treatment. The accused has already undergone three months of imprisonment during trial. It is prayed that a lenient view may kindly be taken by the Court.
On the other hand, it is stated by Ld. APP that the accused has committed a serious offence. It is a heinous crime and no lenient view be taken against him. He has created a havoc in the life of the complainant and her young daughters who were scared even coming to the Court.
FIR No. 290/07 P.S. New Friends Colony Page No. 13 of 14
In my considered opinion the offence of the accused does not deserve leniency. He has been troubling the complainant and her young daughters by entering into the house and by making phone calls even at the odd hours. The persons like accused should be subjected to punishment for creating a terror in the minds of innocent people in society. I hearby convict the accused with six months simple imprisonment for the offence u/s 448 IPC and further six months simple imprisonment for offence u/s 509 IPC Both the sentences shall run concurrently.
( POOJA TALWAR ) MM/MAHILACOURT/SED Saket Courts, New Delhi.
FIR No. 290/07 P.S. New Friends Colony Page No. 14 of 14