Delhi District Court
State vs . Rajni. on 4 April, 2008
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State Vs. Rajni.
IN THE COURT OF SHRI SANJEEV JAIN : CHIEF
METROPOLITAN MAGISTRATE : DELHI.
FIR No. 95/2002
U/s 61/1/14 of Punjab Excise Act
P.S. Kirti Nagar
State Vs. Rajni
JUDGMENT
a. Sl. No. of the case : 335/2007
b. Name of the complainant : Constable Ashok Kumar
c. Date of commission of
offence : 15.03.2002
d. Name of the accused : Rajni
W/o Sh. Ramdhir Singh
R/o Jhuggi No. 108,
Nehru Camp, Kirti
Nagar, Delhi.
e. Offence complained of : U/s 61/1/14 P.E Act
f. Plea of accused : Pleaded guilty .
g. Final arguments heard on : April 04, 2008
h. Final order : Convicted
i. Date of such order : April 04, 2008
BRIEF STATEMENT OF FACTS FOR THE DECISION:-
1. In brief accused Rajni W/o Shri Randhir Singh is facing trial for the offence punishable under section 61/1/14 of Punjab Excise Act on the allegations that on 15.03.2002 at about 07.40 PM at Gate No. 2, Jhuggi Nehru Camp, Kirti Nagar, Delhi, within the jurisdiction of PS Kirti Nagar, she was found in possession of 2 State Vs. Rajni.
a plastic cane containing 20 bottles of illicit liquor without any permit or license and in contravention of notification issued under Excise Act.
2. After completion of investigation charge sheet was filed.
Copies were supplied to the accused. Charge was framed against the accused vide order dated 28.04.2003 to which she pleaded not guilty and claimed trial.
3. In order to prove its case prosecution has examined PW 1 Constable Ashok Kumar. He recovered the case property.
PW 2 Head Constable Vijay Singh was the duty officer. He recorded the formal FIR of this case.
4. In her statement, which was recorded under section 313 Cr.P.C in accordance with section 281 Cr.P.C, accused admitted the case of the prosecution. She admitted that she was found in possession of a plastic cane containing illicit liquor. She stated that she will not repeat the offence in future. She requested for a lenient view.
5. No defence evidence was lead.
6. Accused has also moved an application to plead guilty.
7. I have heard the learned APP for the state and counsel for the accused and have carefully gone through the material on record.
8. PW 1 Constable Ashok Kumar consistently deposed that accused was found in possession of plastic cane containing 20 bottles of illicit liquor without any permit or license. Nothing 3 State Vs. Rajni.
material could be achieved during his cross-examination. The testimony of prosecution witnesses appears to be natural and trustworthy. I do not find any reason to disbelieve the testimony of prosecution witnesses and otherwise also, accused has admitted the incriminating evidence in her statement recorded u/s 313 Cr.P.C in accordance with section 281 Cr.PC. Accused has also moved an application to plead guilty.
9. I have made inquiries from the accused and her counsel.
I have told the accused that on her plea of guilt, she may be convicted and may be sentenced to the imprisonment and fine. Accused still insisted to plead guilty. Therefore, accepting her plea of guilt which appears to be voluntary and without any force and pressure, I convict Rajni W/o Shri Ramdhir Singh for the offence punishable u/s 61/1/14 of Punjab Excise Act. Let the convict be heard on the point of sentence.
(Sanjeev Jain) Chief Metropolitan Magistrate Tis Hazari Courts : Delhi.
Announced in the open court on April 04, 2008. 4
IN THE COURT OF SHRI SANJEEV JAIN : CHIEF METROPOLITAN MAGISTRATE : DELHI.
FIR No. 95/2002
U/s 61/1/14 of Punjab Excise Act P.S. Kirti Nagar State Vs. Rajni ORDER ON SENTENCE : 04.04.2008. Present : APP for State.
Convict is present in person with counsel. Heard on the quantum of sentence.
She has been convicted for offence u/s 61/1/14 of Excise Act, vide my separate judgment passed today.
Learned APP for the state requested for a strict view. Learned defence counsel requested for a lenient view. It is stated that convict is a lady of aged about 37 years. She is married and has the responsibility of four minor children. There is no record of previous conviction against her.
Keeping in view the entire mitigating and incriminating circumstances, I sentence Rajni W/o Shri Ramdhir Singh for the offence punishable under section 61/1/14 Punjab Excise Act to undergo imprisonment of Till Rising of the court and to pay a fine of Rs. 2,000/-. In default of payment of fine, she shall further undergo Simple Imprisonment for one month.
Fine paid.
Case property be confiscated to State and be destroyed after expiry of period of appeal.
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Bail bonds and surety bonds stands cancelled. Original documents of the surety, if any be returned after cancellation of endorsement, if any.
Copy of the judgment and order on sentence be given to convict free of cost.
Order on the sentence passed accordingly. File be consigned to Record Room, after due compliance.
(Sanjeev Jain) Chief Metropolitan Magistrate Tis Hazari Courts : Delhi.
Announced in the open court on April 04, 2008.