Delhi District Court
State vs Deepak Kumar on 8 April, 2026
IN THE COURT OF SH. KUMAR RAJAT,
ADDL. SESSIONS JUDGE-07, SHAHDARA DISTRICT,
KARKARDOOMA COURTS, DELHI
IN THE MATTER OF:
CNR No. DLSH01-005901-2022
SC No. 330/2022
FIR No. 105/2019
PS GTB Enclave
U/s: 279/337/338/186/332/333/353 IPC
& 119/177 MV Act & 195 Cr.PC.
STATE
Vs.
DEEPAK KUMAR,
S/o Sh. Raj Kumar,
R/o Gali No. 5,
Harsh Vihar, Delhi.
....... Accused
Date of Institution of case 08.09.2022
Date of case reserved for 27.03.2026
Judgment
Judgment Pronounced on 08.04.2026
Decision Convicted u/s 186 IPC r/w Section
353 IPC & Section 333 IPC and
Section 119/177 MV Act.
JUDGMENT
BRIEF FACTS OF THE CASE
1. As per the case of prosecution, on 17.03.2019, IO received the DD no. 12A regarding hitting of Traffic ZO and he State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 1 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:07:03 +0530 reached the spot at Gate no. 2, IHBAS Hospital and injured was already taken to GTB Hospital by CATS Vehicle. The accused driver of the offending motorcycle was caught by ASI Kanwar Pal Singh.
2. Injured Narayan Singh alleged that he was posted as ZO at Seema Puri circle and on that day, his duty was in front of Gate No. 2 of IHBAS Hospital, Delhi to issue traffic challans of violators and at about 12.30 PM, he along with ASI Kanwar Pal Singh were issuing challans, then one person came on bike from gate no. 1 of IHBAS by jumping red light of gate no. 2 and when they tried to stop him, he dangerously hit him due to which he fell on the road and sustained injuries and his challan machine had broken and ASI Kanwar Pal Singh caught accused Deepak, who was driving Hero Honda Splendor Bike bearing no. DL5SBJ7907.
3. On the basis of said complaint, an FIR No. 105/2019 dt. 17.03.2019 was registered in PS GTB Enclave u/s 279/337 IPC. After investigation, charge-sheet was filed against accused Deepak Kumar u/s 279/337/338/186/332/333/353 IPC & Section 119/177 MV Act and Section 195 Cr.P.C. and after filing of charge sheet, cognizance of offences was taken against accused Deepak Kumar.
CHARGE
4. Charge for the offences punishable u/s 186 IPC r/w Section 353 IPC, Section 119/177 MV Act & Section 333 IPC was framed against accused Deepak Kumar by the Ld. Predecessor on 01.02.2023. Accused pleaded not guilty and State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 2 of 27 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.08 16:07:07 +0530 claimed trial.
ADMISSION / DENIAL OF DOCUMENTS
5. Admission/denial of documents u/s 330 BNSS (u/s 294 Cr.P.C.) was conducted on 24.05.2025 and accused Deepak Kumar had not disputed the following documents:
(i) FIR No. 105/2019 dt. 17.03.2019, PS GTB Enclave, Ex.PA1.
(ii) Certificate u/s 65B IEA regarding the FIR, Ex.PA2.
(iii) DD No. 12A dt. 17.03.2019, Ex.PA3.
In view of above-said admission, the requirement of evidence of following witnesses was dispensed with:
(a) HC Ombir Singh (at Sl. No. 9 in the LoW).
PROSECUTION EVIDENCE
6. Prosecution examined nine witnesses (9) in its favour to prove the case.
7. PW1 ASI Narayan Singh deposed that on 17.03.2019, he was working as ASI/ZO, Seemapuri Circle (Traffic) and on that day, he along with ASI Kanwar Pal Singh was on duty in front of Gate No. 2, IHBAS Hospital, Delhi for issuing traffic challan against the traffic rules violators. At about 12:50 pm, PW1 along with ASI Kanwar Pal Singh was issuing challan, then accused Deepak Kumar came on a motorcycle Hero Honda Splendor having no. DL5SBJ7907 from Gate No. 1 of IHBAS hospital side after jumping red light and going towards Gate No. 2, IHBAS Hospital and he tried to stop accused Deepak Kumar, but he hit police (PW1) dangerously and he fell down on road and his challan machine got broken and ASI Kanwar Pal caught State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 3 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:07:13 +0530 accused Deepak Kumar. ASI Kanwar Pal Singh called at 100 number. PW1 was taken to the GTB Hospital by CAT Ambulance and he received injuries on his left hand. IO/HC Yogesh came at the GTB Hospital and recorded statement/complaint of PW1 dt. 17.03.2019, Ex.PW1/A. Accused Deepak Kumar was driving the above said motorcycle in rash and dangerous manner at that time of incident.
8. PW1 further deposed that he got discharged from the hospital in the evening and reached at the above said spot. Accused Deepak Kumar was arrested vide arrest memo, Ex.PW1/B. The above said motorcycle was seized and above said broken machine (Challan machine) was wrapped in a white colour cloth and then sealed with the seal of RK and then seized the same vide seizure memo, Ex.PW1/C. PW1 correctly identified said challan machine, Ex.P2 and said bike DL5SBJ7907 Splendor red colour, Ex.P1. PW1 had correctly identified accused Deepak Kumar in the Court.
9. PW2 Pawan Kumar deposed that he was the registered owner of bike bearing no. DL5SBJ7907 make Splendor Pro (red colour). In May, 2019, accused Deepak Kumar working in a same factory and he had taken bike of PW2 on the date of incident on the pretext of some work. After 1 hour, PW1 received one call from police official, who stated that some accident had occurred with his above said bike and called him to PS and take his bike. PW2 went to the PS where he came to know that accused Deepak Kumar was apprehended by the police. After few days, PW2 got released his above said bike on State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 4 of 27 Digitally signed by KUMAR KUMAR RAJAT Date:
RAJAT 2026.04.08 16:07:19 +0530 superdaari vide superdaarinama dt. 10.04.2019, Ex.PW2/A. On 15.04.2019, PW2 physically took his aforesaid bike vide panchnama, Ex.PW2/B.
10. PW2 further deposed that he had brought his aforesaid bike in the court, which was parked in KKD Court premises, Ex.P1. PW2 had correctly identified 4 photographs of the aforesaid bike as of his aforesaid bike and the same photographs are Ex.PW2/D (Colly). PW2 admitted in his cross-examination by Ld. Addl. PP that he handed over his aforesaid bike to accused Deepak Kumar on 17.03.2019 and also came to know that accused Deepak Kumar had caused an accident in front of IHBAS Hospital. PW2 identified his signature on notice u/s 133 MV Act dt. 17.03.2019 and its reply, Ex.PW2/C. PW2 had correctly identified accused Deepak Kumar in the Court.
11. PW3 HC Sunil deposed that on 17.03.2019, he was posted as Constable at PS GTB Enclave and on that day, on receiving DD No. 12A, he along with HC Yogesh Kumar reached in front of Gate No. 2 IHBAS Hospital, Delhi where they came to know that injured had already been taken to hospital by CAT Ambulance. ASI Kanwar Pal was also found there and accused Deepak Kumar was present there and apprehended by ASI Kanwar Pal along with the offending motorcycle bearing No. DL5SBJ7907. HC Yogesh went to GTB Hospital leaving PW3 at the spot and returned back at the spot after some time. IO/HC Yogesh handed over a rukka for registration of FIR to PW3. PW3 went to the PS and got registered the present FIR through DO. After registration of FIR, PW3 returned back to the spot. The State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 5 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:07:24 +0530 name of apprehended person was Deepak Kumar and he was arrested by IO vide arrest memo, Ex.PW1/B. IO/HC Yogesh seized the broken challan machine (white, black and yellow colour) produced by ASI Kanwar Pal vide seizure memo, Ex.PW1/C after wrapping it in a white colour cloth duly sealed with the seal of RK. IO also seized the above said offending motorcycle bearing no. DL5SBJ7907 make Splendor Pro (black and red colour, Engine No. 05173) vide seizure memo, Ex.PW3/A, the seal after use was handed over to PW3.
12. PW3 further deposed that the case property i.e. motorcycle and broken challan machine were deposited in the malkhana by the IO. PW3 had correctly identified one broken traffic challan machine (white and black and some yellow colour), Ex.P2, which was seized vide seizure memo, Ex.PW1/C and also correctly identified the said motorcycle, Ex.P1 from 4 photographs, Ex.PW2/D (colly). PW3 had correctly identified accused Deepak Kumar in the Court.
13. PW4 Dr. Arvind Kumar Gautam deposed that he was working as CMO at GTB Hospital since 2015 and on 17.03.2019, he was working as Casualty Medical Officer in the emergency of GTB Hospital and on that day, patient Narayan Singh S/o Bhim Singh was brought in casualty by CATs Ambulance with alleged history of road traffic accident at Red Light of IHBAS Hospital at 01:00 pm on 17.03.2019 as stated by patient himself. Dr. Manisha (JR) had examined the patient vide MLC No. C6252/10/19, Ex.PW4/A bearing signature of Dr. Manisha at point A and his name at point B. After primary treatment, patient State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 6 of 27 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.08 16:07:29 +0530 was referred to Department of Ortho and Medicine Emergency in view of hypertension for further treatment. Dr. Manisha had left the services of hospital and her whereabouts were not known and he had worked with Dr. Manisha during her posting in the hospital.
14. PW5 Dr. Rahul Kumar deposed that he had joined the GTB hospital as intern in 2018. On 17.03.2019, patient Narayan Singh, S/o Bhim Singh was brought in the casualty by CATs Ambulance with alleged history of road traffic accident at red light of IHBAS Hospital. Dr. Manisha, JR had examined the patient vide MLC No. C6252/10/19. After primary treatment, patient was referred to Department of Ortho and Medicine Emergency in view of hypertension for further treatment. As per record, Dr. Hitesh Shehrawat, Senior Resident, Department of Orthopedics had given the opinion on the MLC, Ex.PW4/A at point X and the nature of injury as grievous, which bears the signature and stamp seal of Dr. Hitesh Shehrawat at Point C, who left the services of hospital and his whereabouts were not known and his handwriting and signature was correctly identified by PW5 as he had worked under him during his posting in Orthopedic Department.
15. PW6 ASI Kanwar Pal deposed that on 17.03.2019, he was posted as ASI at Seemapuri Traffic Circle and on that day, he along with ASI Narayan Singh was present near the Gate No. 2 of IHBAS Hospital, Delhi and performing their duty and preparing the traffic challans there. During his duty, at about 12:50 pm, one motorcycle was coming from the side of Gate no.
State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 7 of 27 Digitally signed by KUMARKUMAR RAJAT RAJAT Date:
2026.04.08 16:07:34 +0530 1 of IHBAS Hospital, which had already jumped the red light/the traffic signal. Immediately, PW6 as well as ASI Narayan Singh tried to stop the aforesaid motorcyclist, but he did not stop despite their efforts and hit the said motorcycle against ASI Narayan Singh. Consequently, ASI Narayan Singh fell down on the road and sustained injuries. Due to that impact, the challan preparing machine also got damaged. Moreover, the aforesaid motorcyclist tried to escape from the spot, however, he was overpowered and apprehended by PW6, whose name came to be known as Deepak Kumar. PW6 called police and narrated the incident.
16. PW6 further deposed that CAT Ambulance arrived there, which rushed the injured/ASI Narayan Singh to GTB Hospital. Though, PW6 along with accused Deepak Kumar remained at the spot, in the meantime, Ct. Sunil and HC Yogesh arrived at the spot. PW6 narrated the whole incident to the HC Yogesh, who went to GTB Hospital after instructing, Ct. Sunil remained at the spot. HC Yogesh accompanied ASI Narayan Singh and came back to the spot and handed over the tehrir/rukka, Ex.PW1/A to Ct. Sunil with direction to get the case/FIR registered in PS GTB Enclave. HC Yogesh inquired PW6 and prepared the site plan, Ex.PW1/D. After 40 minutes, Ct. Sunil came back to the spot and aforesaid motorcycle was taken into police possession and seized it vide seizure memo, Ex.PW3/A.
17. PW6 further deposed that he handed over the aforesaid damaged challan machine to the IO/HC Yogesh, which State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 8 of 27 KUMAR Digitally signed by KUMAR RAJAT RAJAT 16:07:40 +0530 Date: 2026.04.08 was seized vide seizure memo, Ex.PW1/C after preparing the pulanda of the same, duly sealed with the seal of RK. The aforesaid seal after use was handed over to Ct. Sunil. The custody of accused Deepak Kumar was also handed over to HC Yogesh, who arrested him vide arrest memo, Ex.PW1/B. Owner of the aforesaid offending vehicle bearing no. DL5SBJ7907 namely Pawan was also called at the spot and after inquiry, notice u/s 133 MV Act was served upon him. Thereafter, PW6 got relieved from the spot. Accused Deepak Kumar was driving the aforesaid offending vehicle as he had jumped the traffic signal while he was supposed to stop as after he jumped the signal, he was directed/signaled to stop the vehicle, but he did not stop and continued driving the same and consequently, hit ASI Narayan Singh.
18. PW6 had correctly identified said motorcycle in photographs, Ex.PW2/D (Colly) and also one broken traffic challan machine (white, black and some yellow colour), Ex.P2 as the same machine which he was using at the time of incident and seized vide seizure memo, Ex.PW1/C. PW6 had correctly identified accused Deepak Kumar in the Court.
19. PW7 Retd. ACP Sanjiv Parmar deposed that on 04.12.2019, he was posted as ACP Traffic, North-East District, Delhi. After perusal of case file and charge-sheet relating to the present case i.e. FIR No. 105/2019, PS GTB Enclave, he gave his written complaint u/s 195 Cr.PC against accused Deepak Kumar for taking cognizance u/s 186/332/333/353 IPC and u/s 119/177 of MV Act. His complaint dt. 04.12.2019, Ex.PW7/A. State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 9 of 27 Digitally signed KUMAR by KUMAR RAJAT RAJAT 2026.04.08 Date:
16:07:46 +0530
20. PW8 SI M L Dhyani deposed that on 18.03.2019, he examined one motorcycle bearing no. DL5SBJ7907 make Hero Honda, Splendor Pro, Black Colour at the request of HC Yogesh Kumar, PS GTB Enclave. After examination, following damages were found in the above said motorcycle:-
(1) Head Light wizer - right side scratched. (2) Leg guard - right side bent and scratched. (3) Indicator - front right side broken. His detailed mechanical examination report, Ex.PW8/A. PW8 had correctly identified the above said motorcycle in 4 photographs, Ex.PW2/D, which was examined by him.
21. PW9 HC Yogesh deposed that on 17.03.2019, he was posted as HC at PS G.T.B. Enclave and on that day, on receiving DD no. 12A, he along with Ct. Sunil reached at the spot i.e. Gate No. 2, IHBAS Hospital, Delhi where they came to know that the injured had already been taken to GTB hospital by CAT Ambulance. ASI Kanwarpal, who was on duty along with injured ASI Narayan (ZO), Seemapuri circle, was present there and he produced accused Deepak Kumar, being driver of offending vehicle i.e. motorcycle DL5SBJ7907, Hero Honda, Splendor Pro. PW9 went to GTB hospital leaving Ct. Sunil at the spot to look after the spot. In GTB Hospital, injured ASI Narayan Singh met PW9. PW9 collected his MLC bearing no. C-6252/10/19 and recorded the statement/complaint of ASI Narayan Singh, Ex.PW1/A and prepared the rukka, Ex.PW9/A.
22. PW9 further deposed that he returned to the spot and handed over the rukka to Ct. Sunil for registration of FIR at PS State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 10 of 27 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.08 16:07:52 +0530 GTB Enclave. After sometime, he returned to the spot and handed over PW9 the copy of FIR and original rukka. PW9 prepared the site plan, Ex.PW1/D bearing his signature at point B at the instance of ASI Kanwar Pal. PW9 seized the aforesaid motorcycle vide seizure memo, Ex.PW3/A. ASI Kanwarpal produced one broken challan machine (black, white and yellow), which was seized by PW9 vide seizure memo, Ex.PW1/C after sealing the same with the seal of 'RK'. Accused Deepak kumar was arrested vide arrest memo, Ex.PW1/B at the instance of ASI Narayan Singh. PW9 served notice U/s 133 of M.V. Act to the registered owner of above said bike namely Pawan Kumar, Ex.PW9/C and he gave reply of the same, Ex.PW2/C.
23. PW9 further deposed that he deposited the case property i.e. above said challan machine and bike in the Malkhana. On 18.03.2019, he got conducted the mechanical inspection of aforesaid bike through M.T. mechanical Manoahar Lal Dhyani vide his request, Ex.PW9/D. On 10.04.2019, the aforesaid bike was directed to be released to registered owner Pawan Kumar by the Hon'ble Court and on 15.04.2019, it was released to him vide Panchnama, Ex.PW2/B. PW9 collected the final result on the abovesaid MLC of injured from GTB Hospital, which was grievous in nature. Section 338 IPC was added in the present case after the discussion with the senior officials. On 04.12.2019, he collected the complaint u/s 195 Cr.PC against accused Deepak Kumar from ACP, Sanjiv Parmar, Ex.PW7/A.
24. PW9 had correctly identified the abovesaid bike in 4 photographs, Ex.PW2/D, which was seized by PW9 vide seizure State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 11 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:08:01 +0530 memo Ex.PW3/A and also one broken traffic challan machine (white, black and some yellow colour), Ex.P2, which was seized by PW9 vide seizure memo, Ex.PW1/C. PW9 had correctly identified accused Deepak Kumar in the Court.
STATEMENT OF ACCUSED u/s 313 Cr.P.C./351 BNSS
25. Statement of the accused Deepak Kumar was recorded u/s 351 BNSS (u/s 313 Cr.PC) on 13.03.2026 and he denied the incriminating evidence put to him and stated that all the witnesses are interested witnesses as they are police personnel and he was falsely implicated by the police officials in the present case. He is innocent and not involved in the present case as he did not jump the red light as alleged. Police officials were talking to one car driver, whose car was stopped by them near the said red light and accused was stopped at the red light, but when green signal happened, the said car driver left the said place with car and he had no knowledge as to what happened with complainant or the said car or its driver.
APPRECIATION OF EVIDENCE, ANALYSIS OF WITNESSES AND FINDING ARGUMENTS OF LD. COUNSEL FOR ACCUSED
26. Ld. Counsel for the accused argued that he has been falsely implicated in the present case by the police and he did not jump the red light and on the alleged date of offence, police officials were talking to one car driver, whose car was stopped by them near the said red light and accused was stopped at the red light, but when green signal happened, the said car driver left the said place with car and he had no knowledge as to what State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 12 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:08:09 +0530 happened with complainant or the said car or its driver. The IO has not prepared the proper site plan, which shows that accused is innocent and there is no independent eye-witness to the incident examined by the prosecution thought the spot was a busy road and there is no injury in the hands of injured and PW9 IO in his cross-examination had stated the different bike number, which shows that case was falsely prepared against him. Police had not issued any challan against accused qua jumping red light and there is no CCTV footage of the incident brought on record. All the witnesses are police witnesses, who are interested ones, who has deposed falsely as they did not capture the car owner, who actually caused the injury to the injured. There is no official order proved by the prosecution to show that PW1 and PW6 were on duty at the aforesaid spot and it is admitted by PW6 in his cross and police had recorded only supplementary statement of the owner of the bike and different colours of bike have been stated by PW2 in his testimony and statement before IO. Thus, the prosecution failed to prove its case beyond reasonable doubt against the accused and he be acquitted.
ARGUMENTS OF LD. ADDL. PP FOR THE STATE
27. Ld. Addl. PP for the State has argued that accused had inflicted injuries to the complainant by jumping the red light and driving the motorcycle in rash and negligent manner and he was caught at the spot. The injured ASI Narayan Singh and eye- witness Kanwar Pal Singh have deposed categorically against the accused being eye-witnesses and present at the spot and the challan machine was also broken and witnesses have correctly State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 13 of 27 KUMAR Digitally signed by KUMAR RAJAT RAJAT 16:08:15 +0530 Date: 2026.04.08 identified the accused and challan machine and offending bike in their testimonies. There was no CCTV camera installed at the spot. The injured received grievous injuries, which is corroborated by his MLC proved by the concerned doctors. PW7 ACP Sanjeev Parmar proved his complaint u/s 195 Cr.P.C., Ex.PW7/A and there was no need to issue the separate challan as accused was charged under MV Act also. The victim was a public servant on duty and the prosecution has proved its case beyond reasonable doubt against the accused as the testimonies of both the eye witnesses remained unrebutted and IO prepared the proper site plan.
28. I have heard the rival contentions and perused the records.
29. The charge against the accused is u/s 186 r/w Section 353 IPC & 333 IPC and 119/177 MV Act.
Section 186 IPC: Obstructing public servant in discharge of public functions: Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Section 353 IPC: 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 in 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 State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 14 of 27 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.08 16:08:22 +0530 years, or with fine, or with both.
Section 333 IPC: Voluntarily causing grievous hurt to deter public servant from his duty: Whoever voluntarily causes grievous grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in 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 ten years, and shall also be liable to fine.
Section 119 (Duty to obey traffic signs): Mandates that drivers comply with all traffic signs (e.g., Stop signs, No Left Turn, One Way) and signals from police officers.
Section 177 (General Penalty): Provides the penalty for violations where a specific fine is not mentioned elsewhere, covering most traffic regulation breaches.
INJURED/EYE WITNESSES
30. The present case was registered on the complaint of ASI Narayan Singh that he was on duty as ZO at Seema Puri circle on 17.03.2019, in front of Gate No. 2 of IHBAS Hospital, Delhi to issue traffic challans of violators and at about 12.50 PM, when he along with ASI Kanwar Pal Singh were issuing challans, then one person came on bike from gate no. 1 of IHBAS by jumping red light of gate no. 2 and they tried to stop him, he dangerously hit him due to which he fell on the road and sustained injuries and his challan machine had broken and ASI Kanwar Pal Singh caught accused Deepak with Hero Honda Splendor Bike bearing no. DL5SBJ7907.
State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 15 of 27Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 2026.04.08 16:08:26 +0530
31. Complainant/injured was examined as PW1 and in his testimony, he reiterated that on 17.03.2019, while he along with PW6 ASI Kanwar Pal, were issuing traffic challans in front of Gate No. 2, IHBAS Hospital, Delhi, accused Deepak came on his motorcycle, make Hero Honda Splendor DL5SBJ7907 after jumping red light and despite being asked to stop, he hit PW1 due to which he fell down and received injuries and challan machine was damaged. PW1 proved his complaint, Ex.PW1/A and deposed that accused Deepak was driving the motorcycle in rash and negligent manner. PW1 correctly identified the said offending motorcycle and the damaged traffic challan machine, Ex.P1 & Ex.P2, which were seized vide seizure memo, Ex.PW1/C.
32. In his cross-examination, PW1 stated that on 17.03.2019, he was on duty from 8 AM to 8 PM and admitted the suggestion of accused that he was issuing challan for traffic violators at gate no. 2, IHBAS Hospital and present there till the accident, which shows that he was on duty at the alleged date, place and time where the incident occurred with him by the accused and the contention of accused that there is no duty chart of the injured was proved by prosecution, holds no merit.
33. PW1 also stated in his cross that he had visited the spot with IO after the incident during investigation and he denied the suggestion that the challan machine was broken due to accidental fall by him or that he received injuries due to sudden fall on road and accused was falsely implicated. PW1 admitted that there was no CCTV camera at the spot, which corroborates State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 16 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:08:32 +0530 the investigation that no CCTV footage was found at the spot. PW1 admitted that their exact place of deployment is not shown in the site plan, Ex.PW1/D, but that is immaterial as place of incident is shown in the site plan at Point A, which is stated by the PW1 and no suggestion is given that site plan was falsely prepared by the IO or place of incident is wrongly shown, which destroys the contention of accused that site plan is defective. PW1 also denied that accused did not jump the red light nor hit PW1 nor he was apprehended by ASI Kanwar Pal at the spot. PW1 has correctly identified the accused in the Court. Thus, PW1 is consistent in his testimony and nothing has come in the cross-examination to doubt his veracity as a witness.
34. PW6 ASI Kanwar Pal is also an eye witness, who was present at the spot with PW1 at the time of incident and he deposed that on 17.03.2019 at about 12.50 PM accused, Deepak Kumar came from gate no. 1 IHBAS Hospital, Delhi, jumped the red light and hit PW1 ASI Narayan Singh near gate no. 2, IHBAS Hospital where they both were issuing traffic challans and due to which PW1 sustained injuries and his challan machine was damaged. PW6 called the police and took injured to hospital and nabbed accused Deepak at the spot with the offending vehicle DL5SBJ7907 and PW9 IO prepared the site plan, Ex.PW1/D at his instance, which is corroborated by PW9.
35. PW6 proved the seizure of said motorcycle, Ex.PW3/A and the seizure of damaged challan machine by IO, Ex.PW1/C, which is corroborated by PW1 and PW9. PW6 proved the arrest of accused Deepak Kumar by IO, Ex.PW1/B, State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 17 of 27 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.08 16:08:37 +0530 which is corroborated by PW1 and PW9. PW6 deposed that accused Deepak Kumar was driving said motorcycle and he jumped the traffic signal despite being directed to stop and hit ASI Narayan Singh and he correctly identified the said motorcycle, Ex.P1 in photographs, Ex.PW2/D and challan machine, Ex.P2.
36. In his cross-examination, PW6 stated that on 17.03.2019 he was on duty from 8 AM to 8 PM though no official order was handed over to him, but no suggestion is given that he was not on duty on the alleged date, time and place and reiterated that he called the police. He admitted that no public persons were cited as witness as they refused to join the proceedings and contention of Ld. Counsel for accused that no independent public person was made a witness, which affects the prosecution case, is not tenable as even police officers, who are injured and eye witness are competent witnesses and multiple witnesses are not required to prove the charge and even single witness is sufficient, if his testimony is consistent, truthful and unambiguous.
Section 134 Indian Evidence Act/139 BSA:
Number of witnesses- No particular number of witnesses shall in any case be required for the proof of any fact.
37. In Raja v. State, (1997) 2 Crimes 175 (Del), Hon'ble Delhi High Court held that it is well known principle of law that reliance can be based on the solitary statement of a witness if the court comes to the conclusion that the said statement is the true and correct version of the case of the prosecution.State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 18 of 27
Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:08:42 +0530
38. In Laxmibai (Dead) though LRs V. Bhagwantbura (Dead) through LRS, AIR 2013 SC 1204, Hon'ble Supreme Court held that the matter of appreciation of evidence of witnesses, it is not number of witnesses, but quality of their evidence which is important, as there is no requirement in law of evidence that any particular number of witnesses is to be examined to prove/disprove a fact. It is a time honoured principle, that evidence must be weighed and not counted. The test is whether the evidence has a ring of trust, is cogent, credible and trustworthy or otherwise. The legal system has laid emphasis on value provided by each witness, rather than the multiplicity or plurality of witnesses. It is quality and not quantity, which determines the adequacy of evidence as has been provided in Section 134 of the Act.
39. PW6 denied that no notice u/s 133 MV Act was served on the owner of offending vehicle and no incident had ever occurred in his presence and accused is falsely implicated.
As per the notice u/s 133 MV Act, Ex.PW9/C, owner Pawan Kumar was given the notice to appear before IO as his vehicle DL5SBJ7907, Hero Honda was involved in the present case.
40. As per testimonies of PW1 and PW6, the accused had driven his said motorcycle in rash and negligent manner dangerously and caused grievous injury to PW1 Narayan Singh.
Rash and negligent act.- In the ancient decision of Empress V. Idu Beg [ILR 3 All 776], the topic was dealt with in the following language: "Criminal rashness consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury, but without intention to cause injury, or knowledge that it will probably cause. The criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequences. Criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper case and precaution to guard against injury, either to the public State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 19 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:08:46 +0530 generally, or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was imperative duty of accused person to have 'adopted'.
Negligence in common parlance means and implies "failure to exercise due care, expected of a reasonable and prudent person". It is a breach of duty and negligence in law ranging from inadvertence to shameful disregard of the safety of others. In most instances, it is caused by heedlessness or inadvertence, by which the negligent party is unaware of the results which follow from his act.
PW6 has corroborated the version of PW1 and both have correctly identified the accused and the damaged challan machine, Ex.P2 and the said offending bike, Ex.P1.
MEDICAL WITNESSES
41. PW4 Dr. Arvind Kumar Gautam appeared on behalf of Dr. Manisha, who had left the hospital and her whereabouts were not known and he identified her handwriting and signature in the MLC of the injured Narayan Singh, Ex.PW4/A and that injured was brought to GTB Hospital in emergency on 17.03.2019 after road accident near red light of IHBAS Hospital at 1 PM and he was referred to Ortho Department.
In cross-examination of PW4, no suggestion is given that MLC was falsely prepared.
42. PW5 Rahul Kumar appeared on behalf of Dr. Hitesh Sehrawat, SR, Department of Orthopedics, who had left the hospital and his whereabouts were not known and he identified his handwriting and signature in the MLC of the injured Narayan Singh, Ex.PW4/A and his opinion qua nature of injuries as grievous at Point X. State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 20 of 27 Digitally signed by KUMAR KUMAR RAJAT RAJAT Date:
2026.04.08 16:08:51 +0530
43. In cross-examination of PW5, no suggestion is given that MLC was falsely prepared and even in the cross-examination of PW4, no suggestion is given that no grievous injury was caused to PW1 Narayan Singh or that it was a self-inflicted injury or that such injury was not possible from the hit of motorcycle of the accused or that he suffered from said injury due to fall on ground on his own.
44. Thus, from the medical evidence, it is proved that grievous injury was caused to the PW1 and it corroborates the version of PW1 and PW6 that such injury was caused by accused after he jumped the red light despite being told to stop and hit his bike bearing no. DL5SBJ7907 with PW1.
OWNER OF OFFENDING VEHICLE/MECHANICAL INSPECTION
45. PW2 Pawan Kumar was the owner of registered bike bearing no. DL5SBJ7907, Hero Honda, Splendor Pro, Red Colour and he deposed that on the date of incident, accused Deepak had taken the said bike from him on the pretext of some work and he received call from police official after one hour that his bike was involved in an accident and he got released his said bike vide supardginama Ex.PW2/A and took physical possession vide Panchnama, Ex.PW2/B. He identified his bike, Ex.P1 and also identified from photographs, Ex.PW2/D.
46. PW2 also admitted that he had handed over the said bike to accused Deepak on 17.03.2019 and he replied the same in notice u/s 133 MV Act vide reply, Ex.PW2/C. In his cross-examination, PW2 stated that there was no scratch or dent on his bike when he saw it in PS. State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 21 of 27 Digitally signed by KUMAR KUMAR Date:
RAJAT RAJAT 16:08:56 2026.04.08 +0530
47. PW8 SI M L Dhyani had done the mechanical inspection of said offending motorcycle DL5SBJ7907, Hero Honda, Splendor Pro, Black Colour and he found damages in the bike that there was right side scratch on the headlight wiser, right side bent and scratch on leg guard and front right side indicator was broken and his report is Ex.PW8/A and he correctly identified the bike from photographs, Ex.PW2/D. No suggestion is given in his cross that he prepared the false report or that no damages were found on the body of the said bike. The testimony of PW8 proves that damages were caused to the bike due to the aforesaid accident caused by the willful negligence of accused and falsifies the version of PW2 that he had not seen any scratch or dent in his bike in the PS. Thus, PW8 also corroborates the version of PW1 and PW6.
INVESTIGATION/IO
48. PW3 HC Sunil proved that on 17.03.2020, injured ASI Narayan Singh was taken to GTB Hospital by CAT Ambulance and he was given rukka by PW9/IO HC Yogesh and he got registered the FIR and accused Deepak was apprehended by PW6 ASI Kanwar Pal and arrested by IO vide arrest memo, Ex.PW1/B and PW9 IO seized the broken challan machine vide memo, Ex.PW1/C and the offending motorcycle bearing no. DL5SBJ7907 black and red colour vide seizure memo, Ex.PW3/A and he correctly identified the challan machine, Ex.P2 and motorcycle, Ex.P1. His version is corroborated by PW9/IO.
49. From testimony of PW3, it is proved that the bike was of black and red colour, so the contention of accused that some State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 22 of 27 Digitally signed by KUMAR KUMAR RAJAT Date:
RAJAT 2026.04.08 16:09:02 +0530 witnesses have deposed that it was of black colour and some told red colour, holds no water. Nothing has come in the cross- examination of PW3 to doubt his evidence.
50. PW7 ACP Sanjeev Parmar proved his complaint, Ex.PW7/A u/s 195 Cr.P.C. against accused Deepak Kumar for taking cognizance under Section 186/332/333/353 IPC and 119/177 MV Act and PW9 corroborated his version.
51. PW9 IO proved that accused Deepak Kumar was the driver of offending vehicle no. DL5SBJ7907, Hero Honda, Splendor Pro, who had hit injured Narayan Singh with said bike and sustained grievous injuries. He proved that he recorded the statement/complaint of injured ASI Narayan Singh, Ex.PW1/A and prepared rukka, Ex.PW9/A and got registered FIR. PW9 also proved that he prepared site plan, Ex.PW1/D. As per site plan, place of incident is shown at Point A near gate no. 2 of IHBAS Hospital and accused was going towards GTB Hospital and no suggestion is given in the cross-examination of IO that wrong place of spot was shown in the said site plan.
52. PW9 proved that he served the notice u/s 133 MV Act, Ex.PW9/C to PW2 Pawan Kumar, who filed the reply, Ex.PW2/C and thus he corroborates the version of PW3. PW9 proved his request for mechanical inspection of said bike, Ex.PW9/D. PW9 correctly identified said challan machine, Ex.P2 and bike, Ex.P1. In his cross-examination, PW9 reiterated that he had sealed the broken challan machine with the seal of RK as seal was not in his name as he was promoted as HC, thus, there is no anomaly in the sealing of challan machine.
State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 23 of 27 Digitally signedKUMAR by KUMAR RAJAT RAJAT Date: 2026.04.08 16:09:08 +0530 DEFENCE OF THE ACCUSED
53. Accused Deepak Kumar denied the incriminating evidence put to him in his SA and stated that he was not involved in the present case as he did not jump the red light as alleged and took the defence that police officials were talking to one car driver, whose car was stopped by them near the said red light and accused was stopped at the red light, but when green signal happened, the said car driver left the said place with car and he had no knowledge as to what happened with complainant or the said car or its driver.
54. The defence of the accused is neither probable nor plausible as he has not given the number and make of the said car or the details of owner nor examined any defence witness to prove his defence or to create doubt on the case of prosecution, which has proved its case from the testimony of injured/eye witnesses i.e. PW1 and PW6, corroborated by medical evidence, PW4 and PW5 and also further corroborated by PW3, PW8 and PW9 and to large extent by PW2, who partly turned hostile, but it is settled law that even the evidence of hostile witness in the cross-examination, can be taken into account to convict the accused, if his part evidence is corroborated by other evidence. His defence is clearly an afterthought.
55. Thus, from the evidence brought on record, prosecution has been able to prove that on 17.03.2019, accused Deepak Kumar was driving the vehicle bearing no. DL5SBJ7907, Hero Honda, Splendor Pro and at about 12.50 PM, he came from side of Gate no. 1, IHBAS Hospital and violated State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 24 of 27 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.08 16:09:16 +0530 the red light traffic signal near Gate no. 2, IHBAS Hospital and when signaled to stop, he continued driving said bike in rash and negligent manner and hit ASI Narayan Singh, who was on his government duty of issuing challans and voluntarily caused him grievous injuries and damaged his challan machine after using criminal force and voluntarily obstructed and prevented a public servant in discharge of his duty.
CONCLUSION
56. In the totality of the circumstances brought on record by way of evidence, it is observed that the prosecution has proved its case beyond reasonable doubt against the Deepak qua offence punishable u/s 186 IPC r/w Section 353 IPC, Section 119/177 MV Act & Section 333 IPC.
57. Consequently, accused Deepak Kumar is convicted u/s 186 IPC r/w Section 353 IPC & Section 333 IPC and Section 119/177 MV Act .
The charts as per the judgment of Manojbhai Jethabhai Parmar Vs. State of Gujarat, (CA No. 2973/2023) of Hon'ble Supreme Court are annexed herewith.
Arguments on sentence shall be heard separately.
Digitally signed by KUMAR KUMAR RAJAT PRONOUNCED IN OPEN COURT RAJAT Date: 2026.04.08 ON THIS 8th DAY OF APRIL 2026. 16:09:21 +0530 (KUMAR RAJAT) ASJ-07, Shahdara, KKD Delhi 08.04.2026 State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 25 of 27
Specimen Chart for Witnesses Examined. Prosecution Name of Witness Description Witnesses No.
1. PW1 and ASI Narayan Singh. Injured/Eye Witnesses PW6 ASI Kanwar Pal Singh.
2. NA Witness of last seen circumstances.
3. PW4 and Dr. Arvind Kumar Medical Jurists PW5 Gautam on behalf of Dr. Manisha.
Dr. Rahul Kumar on behalf of Dr. Hitesh Sehrawat.
4. PW9 HC Yogesh. Investigating Officer
5. PW1 and ASI Narayan Singh. Complainant/First PW6 ASI Kanwar Pal Singh. Informant Specimen Chart for Exhibited Documents. Exhibit Description of the Exhibit Proved by/Attested by No.
1. Inquest NA Panchnama/Memo
2. Recovery of challan machine, PW1, PW3, PW6 and Ex.P2 vide memo, Ex.PW1/C PW9.
and motorcycle, Ex.P1 vide memo, Ex.PW3/A.
3. Arrest Memo of accused: PW1, PW3, PW6 and State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 26 of 27 Digitally signed KUMAR by KUMAR RAJAT RAJAT Date: 2026.04.08 16:09:26 +0530 Deepak Kumar, Ex.PW1/B. PW9.
4. Post-mortem Report NA
5. FSL Report NA Specimen Chart for Material Objects/Muddamals.
Material Description of the Proved by/Attested by
Object Exhibit
No.
1. Weapon of offence. NA
2. Clothing NA
accused/victim
3. Mobile NA
Phone/Electronic
Object
4. Vehicle: PW1, PW3, PW6 and PW9.
Motorcycle, Ex.P1
5. Purse/earrings/identity NA
card
State Vs Deepak Kumar FIR No. 105/2019 PS GTB Enclave Page 27 of 27
Digitally
signed by
KUMAR KUMAR
Date:
RAJAT
RAJAT 2026.04.08
16:09:31
+0530