Delhi District Court
State vs . Neelam on 7 July, 2018
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IN THE COURT OF SHRI DEEPAK KUMAR1
MM02: WEST: TIS HAZARI COURTS:NEW DELHI
FIR No. 357/10
PS: Rajouri Garden
U/s. 374 IPC & 23 and 24 of the Juvenile and
Justice (Care & Protection of the Children) Act,
2000
State vs. Neelam
Date of Institution of case: 04.05.2011
Date of Judgment reserved: 07.07.2018
Date on which Judgment pronounced: 07.07.2018
JUDGMENT
Unique ID no. of the case : 62765/16
Name of complainant : Sh. V. P. Pandey
R/o CWC Kasturba Neketan Complex,
Lajpat Nagar, Delhi
Name and address of accused : Neelam
W/o Sh. Vinod
R/o H. No. K94, Shakur Pur, Delhi
Tripat(proceedings against her already
stands dropped vide order dated 07.07.2012) Offence complained of : U/s 374 IPC & 23 and 24 of the Juvenile and Justice (Care & Protection of the Children) Act, 2000 Plea of accused : Pleaded not guilty Date of order : 07.07.2018 Final order : Acquitted for offence u/s 374 IPC & 23 and 24 of the Juvenile and Justice (Care & Protection of the Children) Act, 2000 FIR no.357/10 PS Rajouri Garden State VS Neelam 1/3 2/3 BRIEF REASONS FOR DECISION
1. The accused has been sent to face trial under Section 374 IPC & 23 and 24 of the Juvenile and Justice (Care & Protection of the Children) Act, 2000 (hereinafter called as IPC), on the allegations that in the year of 2010, child Kriti was found employed by accused and it amounts to cruelty to child or begging. Further, during the aforesaid period, accused unlawfully compelled the above said child to do labour against her will. On the basis of the above allegations, the present FIR 357/2010 was registered at police station Rajouri Garden and the accused has been charged with the above offence.
2. Proceedings against accused Tripat already stands dropped vide order dated 07.07.2012.
3. After investigation, charge sheet was filed against the accused. Copies of charge sheet was supplied to her in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C.) and notice U/s. 374 IPC & 23 and 24 of the Juvenile and Justice (Care & Protection of the Children) Act, 2000 was framed against accused on 28.08.2012, to which she pleaded not guilty and claimed trial.
4. The prosecution was thereafter given opportunity to prove the accusations against the accused. The prosecution examined four witnesses.
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4. In the present matter, accused Neelam is facing trial U/s. 374 IPC & 23 and 24 of the Juvenile and Justice (Care & Protection of the Children) Act, 2000 and the testimony of PW Kirti Kumari was a material one. However, abovesaid PW remained unserved even through DCP concerned and accordingly she was dropped from the list of witnesses. She was the only witness who could have thrown some light on the incident. All other witnesses were formal in nature and their evidence was of no avail to the prosecution. In my considered opinion, no useful purpose would be served by recording the statement of accused and by proceedings further with the trial. Accordingly, statement of accused u/s 313 CrPC was dispensed with.
Order
5. As no incriminating evidence has come on record against the accused Neelam, she is acquitted for the offence u/s 374 IPC & 23 and 24 of the Juvenile and Justice (Care & Protection of the Children) Act, 2000.
6. Bail bond in terms of Section 437A Cr.PC has been obtained from the accused (since acquitted) in compliance of the judgment of the Hon'ble High Court in State Vs Virender Yadav & Anr. 2014 I A.D (Del.) 389.
Digitally signed by DEEPAK DEEPAK KUMAR
KUMAR Date:
2018.07.07
15:32:15 +0530
Announced in open Court on (DEEPAK KUMAR1)
07.07.2018 (3 pages) M.M.02West)/THC,
07.07.2018/Delhi
FIR no.357/10 PS Rajouri Garden State VS Neelam 3/3