Delhi District Court
State vs Rakesh Kumar on 14 January, 2016
IN THE COURT OF SH. ANKUR JAIN
ADDL. CHIEF METROPOLITAN MAGISTRATE
DWARKA COURTS : NEW DELHI
State v/s Rakesh Kumar
FIR No: 373/13
PS: Dwarka Sec. 23
U/s: 323 IPC & 23 J.J.Act
Date of Institution of the case : 03.08.2015
Date on which the Judgment reserved : 14.01.2016
Date on which the Judgment pronounced : 14.01.2016
a) Unique ID of the case : 02450R0092102015
b) Date of commission of offence : 06.12.2013
c) Name of complainant : Deepak s/o Sh. Rajbal
r/o: H.No. CZ-769,
Saini Mohalla, Vill.
Shahbad
Mohammadpur, New
Delhi.
d) Name of accused, his parentage : Rakesh Kumar s/o Sh.
Satish Prasad Singh
r/o: H.No. 1798, Sector
- 23, Gurgaon,
Haryana.
e) Offence complained of or proved : 323 IPC r/w 23 J.J.Act
f) Plea of accused : Pleaded not guilty
g) Final Order : ACQUITTED
h) Date of such Order : 14.01.2016
JUDGMENT
1. Brief facts of the case are that on 06.12.2013 at about FIR No: 373/13 State v/s Rakesh Kumar Page 1 of 3 1:30pm at Government Co-Education Senior Secondary School, Sector - 22, Dwarka, New Delhi, accused Rakesh Kumar voluntarily caused hurt to complainant Deepak and caused unnecessary mental and physical suffering of the said child. Complaint was given by Master Deepak, on the basis of which the present case FIR was registered in the present case. After registration of FIR, investigation commenced which culminated upon filing of chargesheet against accused for offence u/s 323 IPC & Sec. 23 J.J.Act.
2. Accused was summoned vide order dated 12.08.2015. On finding prima facie case, charge for offence u/s 323 IPC r/w Sec. 23 J.J.Act was framed against accused to which he pleaded not guilty and claimed trial.
3. Prosecution in support of case has examined four witnesses in all namely PW1 Ms. Poonam Yadav. Principal of Government Co-Ed, Senior Secondary School, Sector - 22, Dwarka has proved the copy of admission register Ex.PW1/A and certificate Ex.PW1/B. PW2 Dr. Gaurav Bansal, Senior Resident DDU Hospital has proved the certified copy of MLC of injured Deepak as Ex.PW2/A. PW3 Deepak is the complainant and star witness of the prosecution. PW4 is IO/SI P.R.Hooda who has proved the notice u/s 41A CrPC issued to accused as Ex.PW4/A.
4. Statement of accused was recorded u/s 281 CrPC wherein the accused denied the case of prosecution and preferred not to lead evidence in defence.
FIR No: 373/13 State v/s Rakesh Kumar Page 2 of 35. PW3 Sh. Deepak is the complainant and star witness of the prosecution case. He has completely turned hostile in his examination in chief stating that he was pushed by his class mate from behind whose face he could not see, thereby completely exonerating the accused qua his culpability in the present case. He has categorically stated that accused has not done anything wrong and was told by his friends to take the name of accused. He further stated that only on misunderstanding and on the instruction of friends, he took the name of accused before police. He was cross examined by ld. Addl. PP for State and even in his cross examination also he has not supported the case of prosecution. Since he was the only sole witness/complainant in the present case who could have proved the case of prosecution, however, he has turned hostile, therefore, the prosecution has miserably failed to prove its case against accused beyond reasonable doubt. There is not even an iota of evidence against accused, accordingly, accused Rakesh Kumar is acquitted for the offence u/s 323 IPC r/w Sec. 23 J.J.Act. His bail bond stands cancelled and surety stands discharged. Case file be consigned to record room.
ANNOUNCED IN THE OPEN COURT DATED: 14.01.2016 (ANKUR JAIN) ADDL. CHIEF METROPOLITAN MAGISTRATE SOUTH WEST DISTRICT DWARKA COURTS : NEW DELHI FIR No: 373/13 State v/s Rakesh Kumar Page 3 of 3