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[Cites 7, Cited by 0]

Delhi District Court

State vs . Md. Babu Khan & Anr. on 24 September, 2012

            IN THE COURT OF SH. M. P. SINGH: MM­08/NE DELHI

STATE Vs. Md. Babu Khan & Anr. 
FIR No. : 171/09
U/SEC   :   186/353/332/341   IPC   &   u/s   3   (2)   Prevention   of   Damage   to   Public 
Property Act.
PS : New Usmanpur
                                    JUDGMENT

Serial no. of the case                            '408/09/12
Date of commission of offence                    '31.05.2009
Date of institution of the case                  '28.07.2010
Name of the complainant                          Sh. Kawar Pal
Name of accused, parentage & address                  1) Sh.   Md.   Babu   Khan   s/o   Sh. 
                                                          Islamuddin r/o H. No. 43, Gali 
                                                          No. 1, New Mustafabad, Delhi
                                                      2) Mujahir s/o Sh. Munavar Khan 
                                                          r/o   E­16,   K­226,   JJ   Colony, 
                                                          New Seelampur, Delhi.  
Offence complained of or proved                  Sections   186/353/332/341/34  IPC   & 
                                                 u/s   3   (2)   Prevention   of   Damage   to 
                                                 Public Property Act.
Plea of the accused                              Pleaded guilty
Date of arguments                                '24.09.2012
Final order                                      Accused convicted
Date of Judgment                                 '24.09.2012


   1. The   complainant   Kawar   Pal   is   a   DTC   bus   driver.     On   31.05.2009   the

complainant started the bus DL­1PB­2074 (route no. 205) at about 09:50 pm from Mori Gate. When the bus reached at Shastri Park Red Light at about 10:00 pm both the accused came on a scooter and stopped it. As soon as the bus stopped the accused persons broke the window panes/glasses of FIR NO. 171/09 PS New Usmanpur Page 1 of 2 the bus. Crowd soon gathered. The accused persons are also alleged to have beaten the complainant. The accused were apprehended at the spot itself. It is thus the accused persons have been sent up to face trial in the present case.

2. Copies were supplied to the accused. Charge for the offences under sections 186/353/332/341/34 IPC & u/s 3 (2) Prevention of Damage to Public Property Act was framed against the accused persons on 02.06.2012 to which they pleaded not guilty and claimed trial.

3. After framing of charge, matter was fixed for prosecution evidence. No witness was examined in prosecution evidence. Today, accused persons have pleaded guilty to the offences under sections 186/353/332/341/34 IPC & u/s 3 (2) Prevention of Damage to Public Property Act. They have been warned about the consequences of pleading guilty. Yet, they insist in pleading guilty. Their respective statements in this regard recorded separately. Plea of guilt of accused persons appears to be voluntarily, without any force, coercion or without any undue influence.

4. In view of their plea of guilt, the accused persons are convicted for the offences under section 186/353/332/341/34 IPC & u/s 3 (2) Prevention of Damage to Public Property Act. 

ANNOUNCED IN THE OPEN COURT                     M. P. SINGH
ON 24 September, 2012
     th 
                                    METROPOLITAN  MAGISTRATE  
                                                    DELHI




FIR NO. 171/09             PS New Usmanpur                                           Page 2 of 2