Delhi District Court
State vs Kewal Yadav on 11 November, 2025
IN THE COURT SH. ROHIT KUMAR
JUDICIAL MAGISTRATE FIRST CLASS- 04
NORTH: ROHINI COURT : NEW DELHI
Cr. Case 6706/2018
STATE Vs. Kewal Yadav
FIR no 499/2018 (PrashantVihar)
JUDGMENT
A Registration Number 6706/2018
B Name of the W/SI Neeraj
complainant No. D-5262, Cyber Cell Spl. Mandir
Marg, Delhi.
C Name of the accused & Kewal Yadav
his parentage and S/o Sh. Ram Swaroop
address R/o Village Kashipur PS Gannaur Dist.
Bandayu UP.
D Offence Complained of 186/353/509/506/34 IPC E Date of commission of 10.10.2018 offence.
F Date of Institution 14.12.2018 G Offence Charged 509/353/323/506 IPC H Plea of the accused Pleaded not guilty. person I Order Reserved on 27.09.2025 J Date of Pronouncement 11.11.2025 K Final Order Convicted
Vide this judgment, the accused Kewal Yadav is being convicted for the offence punishable under Section 509/353/323/506 IPC in this case FIR No. 499/2018 Police Station Prashant Vihar for the reasons mentioned below:
1. PROSECUTION'S CASE:
It is the case of the prosecution that on 10.10.2018 at about 1:35 pm, at court room no. 201, Rohini Courts, Delhi, the accused intending to insult the modesty of the complainant WSI Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 1/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:14:46 +0530 SI Neeraj uttered abusive words and used filthy language against her which were heard by the complainant and thereby the accused had committed an offence u/s 509 IPC.
Secondly, on the said date, time and place, the accused assaulted and used criminal force against the complainant (public servant) with the intention to prevent or deter her from discharging her duties as public servant and thereby the committed offences U/s 353 IPC.
Thirdly, at the above said date, time and place, the accused gave beatings to the complainant with fists and kick blows and causes simple hurt on her person and thereby committed an offence punishable us 323 IPC.
Fourthly, on the abovementioned said date, time and place, accused criminally intimidated the complainant to kill her if she would appear before the court of Sh. Shailender Malik, Ld. ASJ Rohini for giving her evidence as prosecution witness against the accused in case FIR no. 475/2014 u/s 376 IPC PS Aman vihar and thus the accused alarm to her and thereby he had committed an offence punishable u/s 506 IPC.
That based on these facts, it is the case of the prosecution that the accused person is stated to have committed an offence u/s. 509/353/323/506 IPC which led to registration of FIR No. 499/2018 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 person was filed in the present matter, upon completion of investigation.
Accused person were summoned to face trial and was supplied with the copy of the charge-sheet as per s. 207 CrPC to Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 2/13 Digitally signed by ROHIT KUMAR ROHIT KUMAR Date: 2025.11.11 17:14:51 +0530 accused.
Based on the charge-sheet, a notice for the offences punishable u/s 509/353/323/506 IPC was framed against the accused person, to which he did not plead guilty and claimed trial.
3. APPLICABLE LEGAL PROVISIONS:
Section 323 IPC - Punishment for voluntarily causing hurt Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 509 IPC - 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, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine1.
Section 353 - 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.Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 3/13
ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:14:58 +0530 Section 506 IPC- Punishment for criminal intimidation
- Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc -- and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
4. PROSECUTION EVIDENCE: -
4(a). PW-1 W/SI Neeraj deposed that on 10.10.2018, she was posted as WSI at cyber crime, special cell. Mandir Mang New Delhi. Further upon receipt of the summons as PW. Further deposed that on 10.10.2018, he went to the court room No. 201 of Sh. Shailender Malik. Ld. ASJ. Rohini Courts Complex, Delhi to appear in case FIR No. 475/14 u/s 376 IPC PS Aman Vihar. Further deposed that he was waiting outside the court room no. 201 for her turn as evidence in that case was going on of some other PW in the same case FIR 475/14. Further deposed that accused Kewal Yadav Was the accused in case FIR 475/14 u/s 376 IPC PS Aman Vihar and he was on ball in that case. Further deposed that at about 1.35 pm, when it was lunch time she was entering inside the court room-201 and accused Kewal Yadav was coming out from the court room and he came outside of the court room before her entrance inside the court room. Further deposed that he pushed her forcibly and started using abusive and filthy language (mujhe gandi aur bhaddi Galia deni shuru kar di) against her. Further deposed that accused also threatened her.
Further deposed that he also threatened him by saying 3 saal tere karan jail me raha hu, Ab dekhta hun tu mere khilaaf kaise gavahi Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 4/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR 17:15:04 +0530 Date: 2025.11.11 deti hal She told him that she had only done in the official capacity while discharging her official duties but he started beating him with fists and kick blows. Further deposed that accused Kewal Yadav was present in the court (correctly identified by the witness). Further deposed that accused also threatened him to kill if she would give evidence against him in that case and he also threatened her if she would come to court for giving evidence against him in his case, he would kill her. In the mean time, court staff came there and apprehended the accused after intervening. Further she also called at 100 number to PCR.
Further deposed that this incident was also came in the knowledge of Sh. Shailender Malik and she also narrated the incident to Ld. ASJ Sh. Shailender Malik. Further deposed that upon application moved by Ld. Additional PP of that court, Id. ASJ cancelled bail of the accused Kewal Yadav in that case. Further deposed that police officials from PP Rohini court, PS Prashant Vihar came there at the spot and she gave his written complaint Ex. PW-1/A to the IO HC Prahlad Singh which bears my signature at point A. Further deposed that she also went to the dispensary situated in Rohini Court Complex where she was given the medical for the swelling caused due to the beatings given by the accused to her. Further deposed that Site plan was also prepared at her instance by the IO. Further deposed that her departure entry DD no.4 dated 10.10.2018 from the special cell for appearing in the court in case FIR No. 475/14 PS Aman Vihar is Ex. PW-1/B which bears her signature at point A. Further deposed that her supplementary statement was also recorded on the next day i.e. 11.10.2018.
Further deposed that on 23.10.2018, he also appeared before Ld. MM Sh. Jitender Pratap Singh and gave her statement Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 5/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:15:10 +0530 u/s 164 Cr.PC.
During her examination in chief, one sealed envelop duly sealed with the seal of JP was opened and the proceedings of the statement u/s 164 Cr.PC are taken out and shown to the witness, who correctly identifies her signatures at point A and B respectively on her statement Ex. PW-1/C. PW2 W/Ct. Monika deposed that on 10.10.2018, he was posted at Prosecution Branch, Rohini Court as a Naib Court of Court No. 201. Further deposed that on the day, at around 01:40PM, during lunch time, he heard some noise of court outside the Court room. Further deposed that he and other court staff went outside the Court to see the matter. After reaching there he saw there was a dispute/quarrel between W/SI Neeraj and accused Kewal Yadav. Accused Kewal Yadav was using abusive language against the W/SI Neeraj and giving the beating by fist and leg blow to IO W/SI Neeraj. Further deposed that accused during the quarrel had also given life threat to W/SI Neeraj and accused Kewal Yadav was produced before presiding officer of Court room no. 201. Further deposed that a case against the accused Kewal Yadav was pending before the Court no. 201. Further deposed that the concerned PO cancelled the bail of the accused in concern matter of the accused. Further deposed that he narrated the all incident to the IO. Accused Kewal Yadav was present in the Court and correctly identified by the witness.
PW 3 Ct. Maya Ram deposed that on 10/10/18, he was posted at PS Prashant Vihar as Constable. Further deposed that on that day, at around 1:55 PM, IO HC Prahlad had received the DD no. 31PP and after receiving the same, he accompanied with IO HC Prahlad and reached at Rohini Court no. 201. Further deposed that after reaching there HC Prahlad met with WSI Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 6/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR 17:15:15 +0530 Date: 2025.11.11 Neeraj, who stated that accused in FIR No. 475/14, u/s 376 IPC, PS Aman Vihar, have misbehaved with her. Further, WSI Neeraj also stated that Ld. PO cancelled the bail of the accused in the said FIR and at that time, WSI Neeraj, stated that she would come at PP Rohini Court for further proceedings. Further deposed that at that time, HC Prahlad inquired from person present there however, none of them adjourned the investigation at that time.
Further deposed that later on, WSI Neeraj came at PP Rohini court and she had given her complaint regarding the incident. HC Prahlad got registered the present FIR. And after inquiry from the WSI Neeraj, HC Prahlad discharged her. HC Prahlad recorded his statement u/s 161 Cr.PC on 11/10/2018.
PW-4 Ajad Singh deposed that on 10/10/2018, he was posted at Rohini Court Room No. 201, as a Prosecution Naib Court. Further deposed that on that day, at around 1:40 PM, he heard some noise outside the court room no. 201, thereafter, he alongwith other court staff went outside the court room to see the matter and at that time, he saw that one accused in FIR No. 475/14, U/s 376, PS Aman Vihar misbehaved with one WSI Neeraj and at that time accused was giving beating to her by punch and leg blow. Further deposed that at that time, accused also had given threat to kill her. During the quarrel accused Kewal Yadav also used abusive language against WSI Neeraj. Thereafter, he along with the help of the staff i.e. naib court ASI Jagdish, W/ct. Monica apprehended the said accused and produced him before the Ld. PO. Concerned Ld. PO cancelled the bail of the said accused in the said FIR and sent him to the JC. WSI made a call at 100 no. during the quarrel. Later on, he went to PP Rohini Court, whereat his statement got recorded by the IO. Accused Kewal Yadav was present and was correctly Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 7/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:15:21 +0530 identified by the witness.
PW5 ASI Prahlad Singh deposed that on 10/10/2018, he was posted at PS Prashant Vihar as HC. Further deposed that on that day, he had received the call regarding the quarrel at near Court Room No. 201, Rohini Court and after receiving the information, he along with Ct. Mayaram went to the spot, whereat he met WSI Neeraj, who had stated that she had come in the court as IO, in the case FIR No. 475/14, U/s 376 IPC, PS Aman Vihar. Whereat accused Kewal Yadav was standing and used abusive language against WSI and gave beating to her with fist and leg blow. Further deposed that during the quarrel accused has stated that you (WSI Neeraj) are responsible for his 3 years custody and at that time, WSI Neeraj stated that she would come in the PP Rohini Court and then, she would give her complaint to him. Further deposed that he inquired from the naib courts, court staff and came to know that accused bail has been cancelled by the Ld. PO and accused was sent to the JC after the cancellation of the bail. Later on, he came back in the Rohini Court. Later on, WSI Neeraj came in the PP and had given complaint to him. Complaint is Ex. PW1/A, bearing hi signature at point B. Further deposed that he made the endorsement on the complaint and sent Ct. Mayaram for registration of FIR to the PS. Further deposed that he prepared the site plan which is Ex. PW5/A, bearing his signature at point A, at the instance of the Complainant WSI Neeraj. On the next day, he recorded the statement of witness as the witnesses i.e. naib courts and other court staff stated to him that they are busy in the court room work. Further deposed that during the investigation, he moved the application u/s 164 Cr.PC for recording the statement of witness and statement got recorded u/s 164 Cr.PC and where at he identified victim WSI Neeraj. Statement is already Ex. A3, bearing his signature at point A. Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 8/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:15:28 +0530 Later on, the present case marked to the ASI Govardhan for further proceedings.
PW6 SI Jagdish deposed that on 10/10/2018, he was posted at Rohini Court Room No. 201 as a Prosecution Naib Court. On that day, at around 1:40 pm (lunch time). Further deposed that he heard some noise outside the court room and after hearing the noise, he came out of the court room along with staff, he saw accused Kewal Yadav, who was misbehaving and beating to WSI Neeraj. Further deposed that they apprehended the accused and the meanwhile WSI Neeraj call at 100 number. From the PP Rohini Court, HC Prahlad reached at the spot and after the apprehension of the accused, accused was produced before the Ld. PO. Concerned PO cancelled the bail of the accused in the said case i.e. FIR No. 475/14, U/s 376 IPC, PS Aman Vihar. During the quarrel, accused threatened to kill WSI Neeraj. Further deposed that he narrated the whole incident to IO and IO recorded his statement.
PW7 Inspector Aadesh Kumar deposed that on 10.12.2018, he was posted as SI at PS Prashant Vihar and working as IC/PP, Rohini Court. Further deposed that on that day investigation of the present case was marked to him and case file was also handed over to him on the instruction of the SHO. Further deposed that on that day, he sent request to the office of ACP for getting the sanction u/s 195 CrPC. Thereafter on 12.12.2018, he obtained the said sanction thereafter he prepared the challan and filed the same in the court.
PW 8 ASI Govardhan Singh deposed that as the previous IO/HC Prahlad Singh was running on the leave so the further investigation in the present FIR was handed over to him. Further deposed that the production warrant application was already filed by the previous IO. Further deposed that on 15.10.2018, the Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 9/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:15:33 +0530 accused namely Kewal Yadav appeared in Court no. 110, as he was already running in JC in Fir no. 475/2014, PS Aman Vihar, U/s 376 IPC. Further deposed that he formally arrested the accused person in the present case vide arrest memo ExPW8/A bearing his signature at point A. Further deposed that he recorded the disclosure of the accused person by interrogating him in the court . Further deposed that the disclosure statement of accused is now ExPW8/B bearing his signature at point A. Further deposed that the accused person was sent to JC for 14 days in the present FIR. Further deposed that the IO Prahlad Singh as return back from the leave he further did all the investigation in the present case.
Accused was present in the court and correctly identified by the witness.
DW1 Kewal Yadav deposed that in the year of 2013, he had purchased a house from a lady namely Sunita. Payment was made to Sunita, however, the possession of the house was not given to me and she filed a false rape case against me. I was in Jail and Sunita was having the possession of house.
Further deposed that on 10.10.2018, Sunita came to the court. Suddenly Sunita started abusing him. Further deposed that he had not used any abusing language for complainant W/SI Neeraj. Further deposed that he is innocent and police has filed a false case against .
5. STATEMENT OF ACCUSED During his statement recorded u/s 294 Cr.P.C, accused admitted the genuineness of the documents i.e. present FIR along-with certificate U/s 65B B of Indian Evidence Act, Ex. A- 1, DD No. 31PP Rohini Court, PS Prashang Vihar, Ex. A-2, DD No.4 dt 10.10.2018 Special Cell alreday Ex. PW-1/B, Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 10/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR 17:15:39 +0530 Date: 2025.11.11 Proceedings U/s 164 Cr.P.C Ex. A-3 and Court order in FIR no. 499/2018, dt. 10.10.2018 of Ld. ASJ Special Fast Track, Noth- west Rohini, Court Room No. 201 Ex. A-4.
6. In this matter, prosecution has examined around 12 witnesses before this Court and list of witnesses filed alongwith charge-sheet is reflecting that all were the police officials and not a single public witness has been cited as a witness.
In this matter, complainant PW W/SI Neeraj was examined before the Court and she has reiterated the allegations in her examination in chief and had also identified the accused person. PW W/SI Neeraj had deposed in his examination in chief that she had made 100 number call to the PCR and court staff of court no. 201 had came there at the time of alleged incident and apprehended the accused. It is pertinent to mention that prosecution has placed on record one DD bearing no. 31 PP dt. 10.10.2018. This DD is reflecting that one PCR call was received from phone no. 9999439817.
In this matter, another witness namely W/Ct Monika was examined before the Court and she had deposed that on 10.10.2018, she was posted at prosecution branch at Rohini Court as a Naib Court of Court no. 201. At around 1:40 pm, she heard some noise outside the court room and she and other court staff went outside to see the matter. Further deposed that she saw that accused Kewal was using abusive language against the complainant and giving the beatings by fist and blow to her. Accused had also given the life threat.
In this matter, PW ASI Azad Singh has also reiterated the similar deposition before the Court and deposed that on the date of incident, accused not only misbehaved with the complainant but also gave beatings and used abusive language for the Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 11/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:15:44 +0530 complainant. Another witness PW ASI Prahlad Singh had also supported the story of the prosecution. Another witness namely SI Jagdish who was present at the spot also deposed in favour of the prosecution. PW ASI Prahlad deposed that accused Kewal Yadav misbehaved with W/SI Neeraj and also gave beatings to her.
After considering the all facts and circumstances of the case and considering the deposition of all witnesses, accused is entitled for conviction u/s 323/353/506/509 IPC on following grounds:
(a) All the police witnesses who were present at the spot had supported the story of the prosecution and it has been specifically deposed by those witnesses that they saw the accused person at the spot during which he was misbehaving with the W/SI Neeraj and giving beatings.
(b) Prosecution has placed on record one DD No. 31PP dt.
10.10.2018 to show that one PCR call was received regarding the fight.
(c) On the day of incident, bail of accused person was also dismissed by Ld. ASJ on the application of Ld. APP for the State. Prosecution has placed on record the copy of order dt. 10.10.2018 whereby Ld. ADJ-Special fast Track Court North- West, Rohini Court had cancelled the bail of the accused at 2:10 pm, Ex. A-4.
(d) Non-joining of public witnesses is not a ground for acquittal unless and until veracity of police official witnesses is doubtful. In this matter, all witnesses are corroborating to each other and accused has failed to create any doubts in their testimony.
(e) PW W/SI Neeraj who is the victim in this case has also placed on record one DD entry no. 04 dt. 10.10.2018 to show that Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 12/13 ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:15:50 +0530 on that day, she had come in Rohini Court Complex to attend the proceedings in FIR no. 475/2014 PS Aman Vihar Ex. PW-1/B. This DD entry is reflecting that presence of the victim in Rohini Court complex is not disputed and all incident was also covered in the above-mentioned order passed by Ld. ASJ.
(f) Accused has not created the doubts in the story of the prosecution and failed to bring any document or evidence in support of their defence.
7. CONCLUSION:
On perusal of the documents and consideration of submissions, it is the considered opinion of the court that prosecution has successfully proved the case against the accused beyond reasonable doubts. Accordingly, accused Kewal Yadav S/o Sh. Ram Swaroop stands convicted for the offence charged with i.e. 509/353/323/506 IPC.
Copy of this judgment be given to the accused free of cost.
ROHIT Digitally signed by
ROHIT KUMAR
Announced in open. KUMAR Date: 2025.11.11
17:15:55 +0530
court on 11.11.2025 (ROHIT KUMAR)
JMFC-04 (North) Rohini Courts
Delhi/11.11.2025
Certified that this judgment contains 13 pages and each page bears my signature. ROHIT Digitally signed by ROHIT KUMAR KUMAR Date: 2025.11.11 17:15:58 +0530 (ROHIT KUMAR) JMFC-04 (North) Rohini Courts Delhi/11.11.2025 Cr. Case 6706/2018 STATE Vs. Kewal Yadav FIR No. 499/2018 Page 13/13