Delhi District Court
State vs . Veeru @ Chapta on 22 August, 2019
IN THE COURT OF Ms. SHIVALI SHARMA
CHIEF METROPOLITAN MAGISTRATE:EAST
KARKARDOOMA COURT: DELHI
D.D. No. : 96B dated 07.10.2015
PS : Kalyanpuri
u/S : 53/116 D.P. Act.
STATE Vs. Veeru @ Chapta
JUDGMENT
A New No. of the case 4222/16 B Name of the State complainant C Name of the accused & his parentage and Veeru @ Chapta s/o Late Sh. Tara address Chand r/o 6/354, Trilokpuri, Delhi. D Offence Complained 53/116 D.P. Act. of E Date of commission of 07.10.2015 offence. F Date of Institution 08.10.2015 G Offence Charged 53/116 D.P. Act. H Plea of the accused Pleaded not guilty. I Order Reserved on 22.08.2019 Date of 22.08.2019 Pronouncement K Final Order Convicted u/s 53/116 D.P. Act. D.D. No. 96B State vs. Veeru @ Chapta Page 1 of 6
BRIEF STATEMENT OF THE REASONS FOR THE DECISION PROSECUTION'S CASE
1. The case of the prosecution is that on 7.10.15 at about 10.35 pm at 15 Block Chowk, Trilokpuri, within the jurisdiction of PS Kalyanpuri, accused Veeru @ Chapta was found present within the territorial of limits of Delhi in violation of order of DCP, No. 218 35/Exterment Cell/East Distt dated 03.03.2015 issued by Sh. Surender Kumar, IPS, Addl. Deputy Commissioner of PoliceI, East District, Delhi, against him for a period of 02 years w.e.f. 10.03.2015. Thereby he is alleged to have committed offence u/s 53/116 DP Act.
CHARGE 2 On the basis of his arrest, D.D. No. 96B dated 07.10.2015 (Ex.
PW 2/B) was registered in the matter on 07.10.2015. 3 After investigation, final report/ Kalandara was filed on 08.10.2015.
4 On the basis of the allegations and after compliance of Sec.207 Cr.P.C., a notice for the offence punishable under section 53/116 DP Act was framed against accused Veeru @Chapta on and read out to him to which he pleaded not guilty and claimed trial on 19.10.2015.
PROSECUTION EVIDENCE 5 To bring home the guilt against the accused prosecution has D.D. No. 96B State vs. Veeru @ Chapta Page 2 of 6 examined 3 witnesses in all:
6 PW1 Ct. Vishnu Kumar, PW2 ASI Shiv Kumar and PW3 Ct.
Prakash are the witnesses to the apprehension of the accused on 07.10.2015 from within the territorial limit of Delhi. Their depositions are in consonance with each other. PW 2 is also the IO of the present case.
7 They deposed that on 07.10.2015 at about 9.30 pm they were on patrolling duty. While on patrolling they reached at 15 Block Chowk Trilokpuri where they found accused Veeru @ Chapta against whom an order of externment dated 03.03.15 was already in operation. He was asked for his reason for presence in Delhi despite operation of externment order but he could not give any justifiable reason. He was accordingly arrested and personally searched vide memos Ex. PW 1/A and B. His medical was conducted and he was brought to PS vide arrival entry D.D. No. 96B (Ex. PW 2/A). PW 2 prepared a Kalandra u/s 53/116 DP Act (Ex. PW 2/B) and filed the same before the court. All the witnesses identified the accused as the person who was apprehended from the area of Delhi on 7.10.15 despite operation of externment order. They have not been subjected to cross examination. Accordingly, their testimony regarding the apprehension of accused from within the territory of Delhi on 7.10.15 has remained unrebutted and uncontroverted. 8 In addition to the above evidence accused admitted u/s 294 D.D. No. 96B State vs. Veeru @ Chapta Page 3 of 6 Cr.P.C. the externment order bearing no.21835/Externment Cell/East Distt dated 03.03.15 passed against him which is Ex. AD1 and accordingly examination of relevant witnesses was dispensed with.
STATEMENT OF ACCUSED 9 Statement of accused u/s 313 Cr. PC was recorded on 22.08.2019 where in the entire incriminating evidence produced on record was put to him. He denied all the allegations and stated that he had been falsely implicated in this case. He stated that he had come to Delhi to look after his ailing wife and his minor children as there was no one to look after them.
DEFENCE EVIDENCE OF ACCUSED 10 Accused did not examine any witness in his defence . 11 Final argument have been heard. Record carefully perused.
Judicial Resolutions 12 It is a settled proposition of criminal law that prosecution is supposed to prove its case on the judicial file by leading cogent, convincing reliable and trustworthy evidence beyond reasonable doubts. The case of prosecution has to fall or stand on its own legs and it cannot drive any benefit from the weakness if any, in the defence of the accused. It is not for the accused to disprove the case of the prosecution and onus to prove the case against D.D. No. 96B State vs. Veeru @ Chapta Page 4 of 6 the accused beyond reasonable doubts never shifts and it always remains on the prosecution. Further, benefit of doubt in the prosecution story always goes to the accused and it entitles the accused to acquittal.
13 Section 53 of Delhi Police Act, 1978 (D.P. Act) provides procedure on failure of a person to leave the area and his entry therein after removal pursuant to a direction issued u/s 47 and 48 of the Act. Section 116 of DP Act provides penalty against a person entering the area from which he has been directed to remove himself without proper permission. 14 In the present case, there are three witnesses examined by the prosecution i.e. PW1 Ct. Vishnu Kumar, PW2 ASI Shiv Kumar and PW3 Ct. Prakash who have specifically deposed about the apprehension of accused Veeru @ Chapta on 07.10.2015 from within the territorial limit of Delhi within the jurisdiction of PS Kalyanpuri and within the territorial limits of the State of Delhi. These witnesses have not been subject to cross examination and there is no reason for doubting their uncontroverted testimonies. The externment order has also been duly proved as Ex. AD/1 and has not been disputed by the accused.
15 In these circumstances, considering the over all evidence on record I have no hesitation in holding that prosecution has duly proved its case against the accused beyond any reasonable D.D. No. 96B State vs. Veeru @ Chapta Page 5 of 6 doubt. The fact that accused was found present within the territorial limits of Delhi on 07.10.2015 in contravention of the externment order Ex. AD/1 stands duly proved on record without any reasonable doubt. Accused Veeru @ Chapta is accordingly liable for conviction u/s 53/116 DP Act.
16 Accordingly, accused Veeru @ Chapta is convicted for offence punishable u/s 53/116 DP Act.
17 Be heard on the point of sentence separately.
Digitally signed by ANNOUNCED IN THE OPEN COURT SHIVALI SHIVALI SHARMA Location: East District ON 22.08.2019 Karkardooma Courts Delhi SHARMA Date: 2019.08.22 16:08:47 +0530 (SHIVALI SHARMA) CMM (EAST)/KKD/ 22.08.2019
Certified that this judgment contains 6 pages and each page bears my signatures.
(SHIVALI SHARMA) CMM (EAST)/KKD/ 22.08.2019 D.D. No. 96B State vs. Veeru @ Chapta Page 6 of 6