Delhi District Court
State vs . Fateh on 23 September, 2013
IN THE COURT OF SH. SANJAY BANSAL:
CHIEF METROPOLITAN MAGISTRATE, SHAHDARA,
KARKARDOOMA COURTS, DELHI
Case ID No. 559/13
Unique Case ID : 02402R0118182013
State Vs. Fateh
FIR No. 118/13
PS : Shahdara
U/s 224 IPC
Date of institution: 17.04.2013
Judgment Reserved on: Not Reserved
Date of Judgment: 23.09.2013
JUDGMENT
a) Serial No. of the case 02402R0118182013
b) Date of commission 22.3.2013 of the offence
c) Name of the complainant SI Niranjan Kumar
d) Name of the accused Fateh @ Rizwan @ Raja person, and his parentage S/o Afzal and address. R/o Vill. Mau Khera near main Khera Fatak D.M. Road PS Kotwali Dehat Distt. Bulandsehar, UP
e) Offence complained or U/s. 224 IPC proved
f) Plea of the accused Pleaded not guilty
g) The final order Convicted
h) Date of such order 23.09.2013 FIR No.118/13 PS Shahdara Page 1 of 3 BRIEF STATEMENT OF THE REASONS FOR THE DECISION OF THE CASE:
1. The case against accused is that on 22.3.2013 he was in custody of SI Niranjan Kumar in case FIR No. 115/13 PS Shahdara u/s. 380/457/34 IPC.
The accused on that day escaped from custody of SI Niranjan. Present FIR was registered u/s. 224 IPC. On 29.3.2013 accused was apprehended again. After completion of investigation, chargesheet was filed u/s. 224 IPC.
2. After appearance of the accused, Sec.207 Cr.PC was complied with. Notice was framed against the accused on 1.5.2013 for the offence punishable u/s. 224 IPC to which he pleaded not guilty and claimed trial.
3. To prove its case, prosecution examined PW1 HC Suresh Kumar, PW2 SI Niranjan Kumar and PW3 SI Ashish Sharma.
4. Statement of accused u/s. 313 Cr.PC was recorded. He did not lead any defence evidence.
5. I have heard Ld. APP for State and Ms. Kamal Joshi, Ld. Legal Aid Counsel for the accused. I have perused the record.
6. PW2 SI Niranjan Kumar is the complainant. He deposed that on 22.3.2013 at about 8.55 p.m. accused was in his custody in case FIR no. 115/13. He was taking the accused to Welcome for putting the accused in lockup in PS Welcome. PW2 and accused were in TSR. Accused was without handcuffs. Accused pushed PW2 and got himself released from grip of PW2 and fled by jumping out of TSR. PW2 tried to catch the accused but FIR No.118/13 PS Shahdara Page 2 of 3 he escaped. PW2 informed police station. He lodged complaint Ex.PW2/A. PW2 further deposed that accused was arrested again on 29.3.13 vide memo Ex.PW2/C. Site plan is Ex.PW2/B.
7. PW1 HC Suresh Kumar deposed that he recorded FIR being duty officer copy of which is Ex.PW1/A. He made endorsement Ex.PW1/B.
8. PW3 SI Ashish Sharma deposed that he conducted investigation. He prepared site plan Ex.PW2/B. He arrested the accused on 29.3.13.
9. Accused in his statement denied the incriminating circumstances.
10. Ld. APP argued that prosecution has proved its case. On the other hand, Ld. Legal Aid Counsel argued that accused has been falsely implicated in this case.
11. It has been proved that accused was in custody of SI Niranjan in case FIR No.115/13. There is no challenge to this fact from the side of accused. It has been proved that accused was apprehended again on 29.3.2013. Accused had escaped from custody of SI Niranjan and thus committed the offence u/s. 224 IPC.
12. Prosecution has proved the allegations beyond reasonable doubt. Accused is held guilty and is convicted u/s. 224 IPC.
13. Let he be heard on sentence.
Announced in Open Court (SANJAY BANSAL)
today on 23.09.2013 Chief Metropolitan Magistrate
Shahdara, Delhi
FIR No.118/13 PS Shahdara Page 3 of 3