Delhi District Court
State vs . Azad Singh Etc. on 18 December, 2018
-: 1 :-
IN THE COURT OF Ms. NEHA GUPTA SINGH,
METROPOLITAN MAGISTRATE02,NORTH DISTRICT,
ROHINI COURTS, DELHI
STATE VS. Azad Singh etc.
FIR No: 624/05
P. S. Samai Pur Badli
U/s 506/34 IPC
JUDGMENT
Registration No. of the case : 5290299/16 Date of its institution : 25.07.2007 Name of the complainant : Sh. Heera Lal Date of Commission of offence : Unknown Name of the accused : 1. Azad Singh S/o Sh. Pale Ram R/o H. no. E182/2, Yadav Nagar, Delhi
2. Rajender Singh S/o Pale Ram R/o H. no. E182/2, Yadav Nagar, Delhi
3. Vinod Kumar S/o Sh.
Rajender Singh R/o H. no.
E182/2, Yadav Nagar, Delhi.
Offence complained of : U/s 506/34 IPC Plea of accused : pleaded not guilty Case reserved for orders : 03.12.2018 Date of judgment : 18.12.2018 Final Order : Acquitted for offence under section 506/34 IPC. -: 2 :-
BRIEF STATEMENT OF FACTS FOR THE DECISION:
1. The prosecution story in brief is that at unknown time and place after the registration of present FIR, all the accused in furtherance of their common intention (along with accused Naresh since deceased) committed offence of criminal intimidation by threatening complainant Sh. Heera Lal with injury/fear of death on his person with intention to cause alarm to him and they thereby committed an offence punishable U/s 506/34 IPC.
2. Investigation was completed and police report under section 173 CR.PC was filed under sections 506/34 IPC. Cognizance was taken and accused were summoned.
3. Copy of charge sheet and annexed documents were supplied to the accused in compliance of section 207 Cr.P.C.
4. Arguments on charge were heard and charge against accused was framed under section 506/34 IPC. Accused pleaded not guilty and claimed trial.
5. In order to bring home the guilt of the accused prosecution has examined ten witnesses.
6. PW1 Heera Lal has stated that in month of August 2005 his daughter namely Gayatri was taken away by his neighbour Kuldeep and his cousin Vinod upon which he registered a complaint in PS SP Badli. After that, Sh. Azad Singh father of Kuldeep, his uncle namely Rajender -: 3 :- Singh and accused Vinod S/o Rajinder singh started threatening him and his family for dire consequences if he shall not take his case back. He also threatened him and his son that he would kill him and his son. Accused persons namey Azad Singh, Rjender and Vinod were correctly identified by the witness in court. IO recorded his statement and same was Ex. PW 1/A bearing his signature at point A. Accused persons namely Azad Singh, Rajender, Vinod and Naresh Kumar were arrested by the IO vide arrest memo Ex. P W 1/B to Ex .PW 1/D bearing his signature at point A respectively. All accused persons namely Azad Singh, Rajender, Vinod and Naresh Kumar were also got personally searched vide personal search memo Ex. PW 1/E to Ex. PW 1/G bearing his signature at point A respectively. IO also recorded disclosure statement of accused Azad Singh, Rajender and Vinod vide memo Ex. PW 1/H to Ex. PW 1/J bearing his signature at point A respectively.
7. PW2 Jagdish Prasad has stated that on 22.08.2005 his younger sister namely Gaytri was taken away by his neighbour Kuldeep and his cousin Vinod without permission upon which his father got registered a complaint in PS SP Badli. After that, Azad Singh father of Kuldeep, his uncle namely Rajender Singh and accused Vinod S/o Rajender Singh started threatening him and his -: 4 :- father for the dire consequences if his father shall not take the present case back. He also threatened him and his father that he would kill him and his father. Accused persons namely Azad Singh, Rajender and Vinod correctly identified by the witness in court and accused Naresh is stated to have expired. Accused persons also threatened and forced him and his father to get his sister married with his son. IO recorded his statement.
8. PW3 Ghanshyam has stated that on 22.08.2005 his sister namely Gayatri was taken away by Kuldeep. Thereafter, his father lodged an FIR against the Kuldeep and his relatives. On 29.08.2005, accused Rajender Singh, Azad Singh, Naresh Kumar and Vinod came to his house and threatened him, his father and his brother that "FIR utha lo nahi to tumhe jan se mar denge". Thereafter, Ghanshyam's father and his brother again went to PS and reported about the said incident. They did not give any information in the TV as well as newspaper. After registration of FIR, the father of Kuldeep namely Azad Singh, his uncle (Tau) Rajender and his other uncle Naresh had threatened his father, his brother Jagdish as well as him. Some time, they wrongfully restrained them and threatened to withdraw the case. They threatened them for dire consequences. They stated that "Hamari Pahunch bahut upper tak hai ki ladki or ladka kahan hai -: 5 :- lekin hum kisi ko nahi batlayenge or tumhe to rajikhushi se un dono ki shadi karani padegi". They wrongfully confined his sister Gayatri. All the accused persons threatened to kill them. On the next day of kidnapped of his sister, Rajinder's son Vinod had threatened his father and his brother Jagdish and stated to them "Mujhe Malum hai, ki Kuldeep aur Gayatri Kahan hai, mai unhi ke pass ja raha hu, agar tumne koi police karyavahi ki to Gayatri ko jaan se mar denge. Again on 29.08.2005 his father made a complaint to PS SP Badli against the accused persons. IO recorded his statement. Accused Azad Singh, Rajender and Vinod were correctly identified by the witness in court. He said that accused Naresh has expired.
9. PW4 Smt. Gayatri has stated that on 22.08.2005 she along with Kuldeep Singh went in one temple and got married. Thereafter they both went to Haridwar. They remained in Haridwar for about one week and thereafter they came back to Delhi. She along with her husband Kuldeep went to her house. Upon seeing them her family members threatened them and told them that they will implicated the family members of her husband Kuldeep in a false case. Thereafter they both left the house and took one house in Rohini on rent. After some days they came to know that her parents had lodged a false compliant against the family members of her husband and an FIR -: 6 :- was also registered in this respect. Thereafter, she along with his husband Kuldeep went to police station and narrated the entire incident to police officials. Police officials assured them that they will help them. Her family members used to threatened her and her husband with dire consequences. She was very worried about herself, her husband and her children. Her in laws i.e. the parents of her husband were falsely implicated by her family members. She said that her in laws are innocent and they are falsely implicated by her family members in the present case.
10. PW5 Ct. Mahender has stated that on 30.08.2005, he was posted at PS S.P. Badli as a constable. On that day, he was part of investigation. He alongwith SI Jagdish and complainant Hira Lal went to the house of complainant situated at E182, Yadav Nagar, Badli, Delhi. There they met sons of complainant namely Jagdish and Ghanshyam. Thereafter, IO made inquires from both the sons of the complainant and recorded their statement under section 161 Cr.P.C. At the instance of complainant Hira Lal, accused Azad Singh was apprehended from his house situated at E182/2, Yadav Nagar, Badli, Delhi. Thereafter, disclosure statement of accused Azad Singh was recorded and the same is EX PW1/H bearing signature of Ct. Mahender at point B. After that accused -: 7 :- Azad Singh was arrested and personally searched vide memos EX PW 1/B and PW1/E bearing signatures of Ct. Mahender at point B. Thereafter, accused Rajender Singh was also arrested and personally searched at the instance of complainant vide memos Ex PW 1/C and PW 1/F bearing signatures of Ct. Mahender at point B. IO also recorded his disclosure statement which is Ex PW 1/I bearing his signatures at point B. Thereafter, at the instance of complainant accused Naresh Kumar (since expired) was apprehended from his house situated at E 319, yadav Nagar, Delhi and his disclosure statement was recorded which was Ex PW1/J bearing signatures of Ct. Mahender at point B. Accused Naresh Kumar was arrested and personally searched vide memos Ex PW1/D and PW 1/G bearing his signatures at point B. IO also recorded supplementary statement of complainant Hira Lal. Thereafter they made search of other accused persons and prosecutrix Gayatri but all over efforts went in vain. Thereafter, accused persons were medically examined and produced before the Hon'ble Court. Accused Naresh and Rajender were sent to judicial custody. They took one day PC of accused Azad Singh. Thereafter, they alonwith accused Azad Singh went to his relatives house situated at various places I.e Sonepat, Panipat, Karnal etc. Thereafter, accused Azad Singh was got medically examined and sent -: 8 :- to lock up. On 07.09.2005, he was part of investigation alongwith SI Jagdish. One lady namely Gayatri, who was wanted in the present case, came in police station alonwith his lawyer namely Manoj Lohat. SI Jagdish handed over Gayatri to lady Ct. Sunita. Thereafter IO SI Jagdish prepared a seizure memo of prosecutrix Gayatri and the same is EX PW 5/A bearing signatures of Ct.Mahender at point A. Gayatri claimed that she was above 18 years old. Gayatri also produced some documents in support of her date of birth and the same was seized by the IO vide seizure memo EX PW 5/B bearing signature of Ct. Mahender at point A. Thereafter, IO recorded statement of Gayatri and after that Gayatri was produced before Ld. Magistrate for her statement under section 164 Cr.P.C. Accused Rajender and Azad Singh were correctly identified by the witness.
11. PW 6 SI Ilam Singh has stated that on 23.08.2005 he was posted at PS SP Badli as head constable and was working as DO from 4:00 p.m. to 12 midnight. On that day, he registered the present FIR on the statement of Heera Lal which is Ex. PW 6/A which bears signature of SI Ilam Singh at point A. Thereafter he handed over the copy of FIR to SI Jagdish to whom investigation was handed over. He produced the original FIR register in the court.
-: 9 :-12. PW7 WHC Sunita has stated that on 07.09.2005 she joined the investigation of the this case along with IO. On that day one girl namely Gayatri came with counsel at PS. That girl namely Gayatri remained in custody of her and constable Mahender. IO jagdish Rai prepared the recovery memo of Gayatri which is Ex.PW 5/A bearing signature of WHC Sunita at point B. IO seized the documents of birth certificate and marriage certificate vide seizure memo which is Ex. PW 5/B bearing signature of WHC Sunita at point B. During the investigation statement of girl Gayatri U/s 164 Cr.P.C. was also recorded. Gayatri was handed over to her counsel. She narrated the above said fact to the IO.
13. PW8 Inspector Jagdish Rai has stated that on 23.08.2005 duty officer handed over the copy of the FIR for the investigation of this case, as per the direction of concerned SHO. After receiving the documents, complainant was present in the PS. He recorded the statement of the complainant Heera Lal. He issued WTS notice regarding the missing girl namely Gayatri, Missing Person Form (Ex. PW 8/B bearing signature of Inspector Jagdish at point A) Hue & Cry Notice. He also moved the application to the Telephone Exchange for observation of the caller No. 27898151, the same is Ex. PW 8/A bearing signature of Inspector Jagdish at point A. He moved the -: 10 :- application to the principal, Government Senior Secondary School, DBlock, Ashok Vihar for verifying the date of birth of the girl and the same is Ex. PW 8/C. He made the search of the accused Kuldeep and Prosecutrix Gayatri, however, both were untraceable at that time. On 29.08.2005, complainant Heera Lal moved an application before concerned SHO which is Ex. PW 1/A. In the complaint, there was allegation of kidnapping of girl Gayatri and threatening to the family of Gayatri. He recorded the statement of the complainant. During the investigation, section 506 IPC was added as there was clear allegations of threatening by the father of Kukldeep namely Azad Singh, uncle Naresh and Rajender, Vinod to the complainant Heera Lal. On 30.08.2005, he arrested accused Azad Singh, Rajender Singh, Naresh and prepared the arrest memo and personal search memo of accused which are Ex. PW 1/B and Ex.PW 1/C, Ex.PW 1/D, personal search memo Ex. PW 1/J and Ex.PW 1/F, Ex.PW 1/E all bearing his signature at point B. He arrested above said three accused persons at instance of the complainant Heera Lal. All accused were medically examined. He recorded the statement of all witnesses U/s 161 Cr.P.C. and produced the accused persons before the court. Disclosure statement of accused Azad Singh, Rajender and Naresh Kumar were recorded vide -: 11 :- disclosure statement Ex.PW 1/A, Ex. PW 1/I and Ex. PW 1/J all bearing his signature at point C. Concerned Principal produced the letter which Mark X regarding the proof of the age of Gayatri. On 07.09.2005 girl namely Gayatri came at PS along with her counsel. Gayatri produced the documents of school leaving certificate and marriage certificate and the same was seized vide seizure memo which is Ex. PW 5/B bearing his signature at point C. Recovery memo of the girl Gayatri is Ex. PW 5/A bearing his signature at point A. Girl namely Gayatri remained in the custody of lady Ct. Sunita and Ct. Mahender. On the same day, the girl Gayatri produced befor the court and her statement U/s 164 cr.P.C. got recorded. At that time, Gayatri refused to go with her parents and the custody of Gayatri was given to her counsel. On 07.09.2005, Gayatri gave the undertaking to the concerned SHO which is Mark B. On 19.09.2005 accused Kuldeep came at PS and Insp. Jagdish Rai inquired from him. At that time, accused Kuldeep was released after the investigation. On 18.01.2016 accused Vinod surrendered before the court and Insp. Jagdish made the arrest of accused Vinod and prepared arrest memo and personal search memo Ex. PW 8/D and Ex. PW 8/E both bearing signature of Insp. Jagdish at point C. Disclosure statement of the accused Vinod was also -: 12 :- recorded which is Ex. PW 8/A bearing signature of Insp. Jagdish at point C. After the completion of investigation, he filed the charge sheet in the court through SHO. Accused Azad Singh, Rajender, Vinod Kumar were correctly identified by the witness in court. Accused Naresh was expired.
14. PW 9 ASI Mahender has stated that on 18.01.2006 he joined the investigation along with IO at about 2:00 p.m. One surrender cum bail application was filed by the counsel of accused Vinod Kumar and thereafter the case file was put up before the court and the permission for interrogation of accused Vinod was taken. Accused Vinod was taken into custody and was interrogated and he admitted his bail in his disclosure statement. The disclosure statement was Ex. PW 8/F bearing signature of ASI Mahender at point B. Thereafter the accused Vinod was arrested and the arrest memo was prepared Ex. PW 8/D bearing his signature at point B and he was also personally searched vide personal search memo Ex. PW 8/E bearing his signature at point B. Thereafter IO recorded his statement. Accused Vinod was correctly identified by the witness in court.
15. PW 10 Jyoti Bhatia Vice Principal G.G.S.S. D Block Ashok Vihar brought the original record with respect to the student Gayatri. The copy of school leaving certificate -: 13 :- is Ex. PW 10/A.
16. PE was closed. Statement of Accused U/s 313 was recorded separately by putting all incriminating evidence to them to which they pleaded their innocence and denied to lead defence evidence.
17. Final arguments were lead for state by Ld. APP and for accused Ld. Counsel lead the arguments.
18. It is argued by the Ld. APP for the state that prosecution has proved its case beyond reasonable doubt and witnesses have corroborated each other and their testimony is reliable.
19. Per contra it is argued by the Ld. Counsel for the accused that there are contradictions in the testimony of witnesses. There are no independent witnesses and all witnesses are interested witnesses who have falsely implicated the accused in present matter.
20. I have heard the state and accused and have perused the record carefully.
21. Allegations against the accused are for offence under section 506 IPC. essential ingredient for offence under section 506 IPC is not only threat but intention to cause alarm to the person also.
22. In present case it is not disputed that daughter of complainant has married the son of accused without the permission of her father and they initially lodged an FIR -: 14 :- for kidnapping. There are no independent witness to the fact that accused threatened the complainant and further it is not proved that alarm was caused to them. Complainant and witness have no where stated that they got alarmed and acted in certain manner on threat.
23. Moreover, there are allegations by the daughter against her family members where they have threatened her to implicate her in laws in false Case. Gayatri in her 164 statement and evidence before court has stated so on oath. In such circumstances shadow of doubt is casted on prosecution story. It cannot be said that prosecution has proved its case beyond reasonable doubt.
24. Accordingly all the accused are acquitted for offence under section 506/34 IPC.
Announced in the open court NEHA Digitally
by NEHA
signed
On this 18th December 2018 GUPTA SINGH
GUPTA Date:
SINGH 2018.12.18
16:06:30 +0530
Neha Gupta Singh
Metropolitan Magistrate02,
North Rohini Delhi