Delhi District Court
Criminal Case/504/1998 on 9 June, 2011
1 FIR No. 504/98 U/s 453/34 IPC PS Shakarpur 09.06.11
MUTUAL SATISFACTORY DISPOSITION
01. That the accused shall plead guilty of the offence u/s 453/34 IPC .
02. That the accused shall plead for a lenient view/lesser sentence from the Court.
03. That the plea of the accused for lesser sentence shall not be opposed by the Ld. APP for the State.
The terms aforesaid have been attested hereinunder by all persons present today.
a. Mr. Pradeep Kumar, Ld. APP for the State. b. Mr. Pradeep Tyagi, counsel for the accused. c. SI Vishesh Khokhar, deputed by SHO concerned.
d. Complainant Ayodha Prashad
e. Accused Murti Devi
f. Accused Deepak
Certified that the aforesaid settlement is arrived at voluntarily and without any fear, force, coercion. The entire process of settlement took place under the observation of the Court.
(Niyay Bindu) MM/ Plea Bargaining Judge/ KKD/09.06.11 09.06.11 Present: Mr. Pradeep Kumar, Ld. APP for the State.
SI Vishesh Khokhar, deputed by SHO concerned. Complainant Ayodha Prasad in person who has shown his voters I card bearing No. DL/03/030/ 3307 57 issued by Election Commission of India.
Mr. Pradeep Tyagi, counsel for the accused persons along with both accused.
Today accused have been examined in camera for ascertaining whether present application, i.e, plea bargaining have been filed voluntarily or not as per requirement of section 265 B (4) CrPC vide my separate set of question answer from and statement of accused persons is also recorded separately to this effect that they have moved the present application for plea bargaining along with affidavit and they 2 understand the implication of the exercise for the event on his entering into the settlement and they can be convicted and sentenced for the offence in question and they moved the application voluntarily and without any pressure or coercion after fully understanding the contents of the same and they are not previous convict in the similar offence and their application be considered and allowed. Accused are not convict as per report.
Accused states they are ready to plead guilty voluntarily. Moreover they have also paid a sum of Rs.20,000/- in cash today in the court to the complainant.
Heard. Keeping in view the submissions of the Ld. APP for the State as well as having gone through the contents of the plea bargaining application of the accused persons and submission of the accused persons, I find that accused have voluntarily moved an application of plea bargaining before the court and I also find that accused persons are not convict as per report, hence accused are convicted for an offence u/s 453/34 IPC vide my separate order.
(Niyay Bindu) MM/ Plea Bargaining Judge/ KKD/09.06.11 ORDER ON SENTENCE 09.06.11 Present: Mr. Pradeep Kumar, Ld. APP for the State.
SI Vishesh Khokhar, deputed by SHO concerned. Mr. Pradeep Tyagi, counsel for the accused persons along with both accused.
Arguments on the point of sentence heard. Accused states that they are not previously convicted for the alleged offence. Moreover, they have also paid a sum of Rs.20,000/- in cash today in the court to the complainant. In view of their voluntary pleading guilty, I convict them of the offence punishable u/s 453/34 IPC. Accused are sentenced to pay fine of Rs.500/- each for offences u/s 453/34 IPC and in default of payment of fine, they shall undergo SI for one week. They are further sentenced imprisonment till rising of the court. Fine paid. Let the case file be sent to the court of Sh. Lokesh Sharma, Ld. ACMM, North East District for onward transmission to the concerned court for 10.06.11 at 2:00 pm for consignment.
(Niyay Bindu) MM/ Plea Bargaining Judge/ KKD/09.06.11 3 IN THE COURT OF MS. NIYAY BINDU, MM, PLEA BARGAINING JUDGE, KARKARDOOMA COURTS, DELHI FIR No. 504/98 U/s 453/34 IPC PS Shakarpur SET OF QUESTION PUT TO ACCUSED, WHEN EXAMINED IN CAMERA (SEC. 265B (3) Q1. What is your name?
A. Murti Devi Q2. What are your educational qualifications?
A. I am illiterate. Q3. What is your age? A. 62 years.
Q4. How many criminal cases are pending against you?
A. None.
Q5. Have you ever been treated for any mental illness or for any or for any addiction to narcotics or alcohol? If so, have you recovered from that illness/addiction as on date?
A. No. Q6. Are you presently under the influence of any drug, alcohol or medication?
A. No. Q7. Have you received the copy of complainant/ charge sheet in the present case?
A. Yes Q8. Have you gone through the contents of the complaint/charge sheet?
A. Yes.
Q9. Have you ever been convicted by any court of law previously for the same offence.
A. No. Q10. Do you know the contents of application as well as affidavit?
A. Yes, I know.
Q11. Have you filed the application voluntarily without any force, fear or pressure?
A. Yes.
Q12. Has anyone threatened/ induced you to file this application for Plea Bargaining?
A. No one has threatened/ induced me to file application for plea bargaining. However, this application was explained to me by my advocate and thereafter, I voluntarily agreed.
Q13. Have you discussed the case against you with your Lawyer before moving and have a right of complete trial?
A. Yes.
Q14. Do you know that you are not bound to file the present application and have a right of complete trial?
A. Yes, I know.
4Q15. Do you know that process of Plea Bargaining, you would be asked to participate in Mutually Satisfactory Disposition of the present case in which the complainant/Victim will also be a party.?
A. Yes.
Q16. Do you understand that by resorting to Plea Bargaining, you will forgo your right to trial, right to confront the complainant, right to bring witnesses in support of your defence and right to be convicted by proof beyond all reasonable doubt.?
A Yes.
Q17. Do you understand that in the process of Plea Bargaining, you will have to admit your guilt and plead guilty to the offence alleged to have been committed by you?
A. Yes.
Q18. Do you also understand that as a result of Plea bargaining resulting in MSD, you may have to pay the amount of compensation to the victim/injured as may be mutually agreed?
A. Yes.
Q19. Do you understand that any statement or fact stated by you during the process of Plea Bargaining shall not be used for any other purpose, except for the purpose of Plea Bargaining?
A. Yes.
Q20. Do you also understand that as a result of Plea Bargaining resulting in MSD, you may be dealt with as per the provisions of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one fourth of the minimum prescribed sentence as may be provided under the law?
A. Yes.
Q21. Do you understand that the judgment delivered by the Plea Bargaining Judge in terms of MSD shall be final and no appeal shall lie in any Court against such judgment?
A. Yes.
Q22. Have you answered the above questions after understanding their import.
A. Yes.
Q23. Do you want to proceed with your application for Plea Bargaining?
A. Yes.
RO&AC (Niyay Bindu)
MM/ Plea Bargaining Judge/
KKD/09.06.11
Statement of accused Murti Devi, Age 62 years, W/o Late Madan Lal, R/o 5A, West Laxmi Market near Alok Bharti school, Delhi 51. Without Oath I plead guilty for an offence u/s 453/34 IPC. A lenient view may kindly be taken in view of the MSD.
RO&AC (Niyay Bindu) MM/ Plea Bargaining Judge/ KKD/09.06.11 5 IN THE COURT OF MS. NIYAY BINDU, MM, PLEA BARGAINING JUDGE, KARKARDOOMA COURTS, DELHI FIR No. 504/98 U/s 453/34 IPC PS Shakarpur SET OF QUESTION PUT TO ACCUSED, WHEN EXAMINED IN CAMERA (SEC. 265B (3) Q1. What is your name?
A. Deepak.
Q2. What are your educational qualifications?
A. 11th pass Q3. What is your age? A. 30 years.
Q4. How many criminal cases are pending against you?
A. None.
Q5. Have you ever been treated for any mental illness or for any or for any addiction to narcotics or alcohol? If so, have you recovered from that illness/addiction as on date?
A. No. Q6. Are you presently under the influence of any drug, alcohol or medication?
A. No. Q7. Have you received the copy of complainant/ charge sheet in the present case?
A. Yes Q8. Have you gone through the contents of the complaint/charge sheet?
A. Yes.
Q9. Have you ever been convicted by any court of law previously for the same offence.
A. No. Q10. Do you know the contents of application as well as affidavit?
A. Yes, I know.
Q11. Have you filed the application voluntarily without any force, fear or pressure?
A. Yes.
Q12. Has anyone threatened/ induced you to file this application for Plea Bargaining?
A. No one has threatened/ induced me to file application for plea bargaining. However, this application was explained to me by my advocate and thereafter, I voluntarily agreed.
Q13. Have you discussed the case against you with your Lawyer before moving and have a right of complete trial?
A. Yes.
Q14. Do you know that you are not bound to file the present application and have a right of complete trial?
A. Yes, I know.
6Q15. Do you know that process of Plea Bargaining, you would be asked to participate in Mutually Satisfactory Disposition of the present case in which the complainant/Victim will also be a party.?
A. Yes.
Q16. Do you understand that by resorting to Plea Bargaining, you will forgo your right to trial, right to confront the complainant, right to bring witnesses in support of your defence and right to be convicted by proof beyond all reasonable doubt.?
A Yes.
Q17. Do you understand that in the process of Plea Bargaining, you will have to admit your guilt and plead guilty to the offence alleged to have been committed by you?
A. Yes.
Q18. Do you also understand that as a result of Plea bargaining resulting in MSD, you may have to pay the amount of compensation to the victim/injured as may be mutually agreed?
A. Yes.
Q19. Do you understand that any statement or fact stated by you during the process of Plea Bargaining shall not be used for any other purpose, except for the purpose of Plea Bargaining?
A. Yes.
Q20. Do you also understand that as a result of Plea Bargaining resulting in MSD, you may be dealt with as per the provisions of Probation of Offenders Act, 1958 or may be directed to face a sentence to the extent of one half or one fourth of the minimum prescribed sentence as may be provided under the law?
A. Yes.
Q21. Do you understand that the judgment delivered by the Plea Bargaining Judge in terms of MSD shall be final and no appeal shall lie in any Court against such judgment?
A. Yes.
Q22. Have you answered the above questions after understanding their import.
A. Yes.
Q23. Do you want to proceed with your application for Plea Bargaining?
A. Yes.
RO&AC (Niyay Bindu)
MM/ Plea Bargaining Judge/
KKD/09.06.11
Statement of accused Deepak, Age 30 years, S/o Late Madan Lal, R/o 5A, West Laxmi Market near Alok Bharti school, Delhi 51. Without Oath I plead guilty for an offence u/s 453/34 IPC. A lenient view may kindly be taken in view of the MSD.
RO&AC (Niyay Bindu) MM/ Plea Bargaining Judge/ KKD/09.06.11 7 Statement of complainant Ayodha Prasad, Age 42 years, S/o Magru Ram, R/o RJD 48- A, Mahavir Nagar, Delhi.
On SA I am the complainant in the present case. Since both accused have realised about their mistakes therefore I have forgiven to the accused persons for their act and today I have already received a sum of Rs. 20,000/- cash from the accused persons. I am giving the statement voluntarily and without any undue influence. RO&AC (Niyay Bindu) MM/ Plea Bargaining Judge/ KKD/09.06.11 Judgment Having heard the parties as well as Ld. APP for the State, I find that the disposition worked out mutually by the parties is fair and just.
The accused persons have admitted their guilt and want to avail the benefit of Chapter 21-A of CrPC by Plea Bargaining. I am prima facie satisfied that the charge against them is well founded.
In view of the plea of guilt made by the accused persons namely Murti Devi and Deepak, they are convicted for the offence under section 453/34 IPC.
(Niyay Bindu) MM/ Plea Bargaining Judge/ KKD/09.06.11