Delhi District Court
State vs . Mahesh on 25 November, 2019
FIR No. 82/2019
P.S.: Paharganj
U/s.: 12/9/55 of Gambling Act
IN THE COURT OF MS. SHEFALI SHARMA, ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, CENTRAL, TIS HAZARI COURTS, DELHI
State Vs. Mahesh
FIR No.: 82-2019
P.S.: Paharganj
U/s.: 12/9/55 of Gambling Act
Case No. 14251/2019
1. Date of Commission of Offence : 06.09.2017
2. Date of institution of the case : 21.03.2019
3. Name of the complainant : SI Harpal Singh
4. Name of accused, parentage &
address. : Mahesh S/o Sh. Lakhan Lal, R/o;
H.No. 194, A-3, Basant Road,
Railway Colony, Paharganj, Delhi.
5. Offence complained or proved : 12/9/55 of Gambling Act.
6. Plea of Accused : Pleaded Not Guilty.
7. Final Order : Convicted.
9. Date of Final Order : 25.11.2019
JUDGMENT
1. Vide this judgment, I shall dispose off, the above captioned case bearing FIR No. 82-2019. The case of the prosecution is that on 21.03.2019, at about 6.30 pm, Basant Road, near Peer Baba Majar, Paharganj, Delhi, within the jurisdiction of PS Paharganj, accused was found gambling with the parchi of various amount, diary, pen, carbon copy and Rs. 1600/- and thereby accused had committed an offence punishable u/s. 12/9/55 of Gambling Act.
2. After the completion of the usual investigation and procedural requirements, the chargesheet was filed in the Court on 25.11.2019, 25.11.2019 Page 1 of 4 Pages FIR No. 82/2019 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act whereafter cognizance of the offence was taken against the accused and provisions of Section 207 Cr. P.C. was also complied.
3. After hearing the prosecution and the defence, notice under Section 251 Cr. P.C. for the offence under Section 12/9/55 of Gambling Act was framed against the accused, to which the accused pleaded "Not Guilty"
and claimed trial.
4. During the course of the trial, the prosecution had examined one witness. HC Kailash Chand was examined as PW-1.
5. After the completion of the prosecution's evidence, statement of the accused was recorded under Section 313 Cr. P.C., wherein the accused do not want to lead his defence evidence.
6. I have weighed the rival submissions made on behalf of the prosecution as well as on behalf of the defence in the light of the material appearing on record.
7. Before proceeding further, I need to discuss the relevant legal propositions applicable on to the facts of the case. It is a settled proposition of criminal law that the prosecution is supposed to prove its case on judicial file beyond reasonable doubt by leading reliable, cogent and convincing evidence & that in order to prove its case on judicial file, the prosecution is supposed to stand on its own legs whereby it cannot derive any benefit whatsoever from the weaknesses, if any, in the defence of the accused. Further settled it is, that the primary burden of proof for proving the offences in a criminal trial rests on the shoulders of the prosecution, which burden never shifts on to the accused.
8. It is no longer Res Integra that accused pesons are entitled to benefit of every reasonable doubt(s) appearing qua the material facts of the prosecution's story whereby such reasonable doubt(s) entitles the accused to acquittal.
25.11.2019 Page 2 of 4 Pages FIR No. 82/2019 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act
9. In the light of the above discussed legal position, I shall now step forward to divulge my opinion on the respective fate of the accused.
10. PW-1 is HC Kailash Chand, who deposed that on 21.03.2019, he was posted as HC at PS Paharganj. On that day, the further investigation of the present case was marked to him. He further deposed that he arrived at the spot i.e. Basant Road, near Peer Baba Majar, Paharganj, Delhi, where he met with SI Harpal Singh. He further deposed that after that SI Harpal Singh handed over the custody of the accused Mahesh, seized case property and prepared the documents. After that SI Harpal Singh was discharged from the spot. He further deposed that in the meanwhile, Ct. Rajpal reached at the spot, who had handed over the copy of FIR and tehrir to him. He further deposed that after that he interrogated the accused and recorded his disclosure statement, which is Ex. PW1/A, bearing his signature at point A. After that he arrested the accused in the instant matter, vide arrest memo Ex. PW1/B, bearing his signature at point A and his personal search was also conducted, vide memo Ex. PW1/C, bearing his signature at point A. He further deposed that after that he prepared the site plan at the instance of SI Harpal Singh, which is Ex. PW1/D, bearing his signature at point A. He further deposed that after that accused was released on police bail as the offences is bailable in nature. Thereafter, he alongwith Ct. Rajpal came to the PS and deposited the case property in the malkhana. He recorded the statement of cited witness. After completion of the investigation, he prepared the charge sheet and filed before the court for judicial verdict.
The said witness was cross examined by the accused.
11. From the abovesaid testimony of PW1, who is the material witness in the instant matter proves that the accused had committed the offence u/s. 12/9/55 of Gambling Act. Despite cross examination of PW-1 nothing has been made out in favour of the accused. Thus the aforesaid cumulative and 25.11.2019 Page 3 of 4 Pages FIR No. 82/2019 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act corroborating testimonies of witness clearly proves that the accused had committed the offence under Section 12/9/55 of Gambling Act.
DECISION
12. For the reasons assigned hereinabove, I am of the view that the prosecution has successfully proved the offence under Section 12/9/55 of Gambling Act against the accused. Accordingly, accused is convicted for the offence under Section 12/9/55 of Gambling Act.
13. The arguments on the point of sentence shall be heard separately today itself.
Digitally signedSHEFALI by SHEFALI SHARMA Announced in the open court SHARMA Date: 2019.11.26 on 25.11.2019 09:41:01 +0530 (SHEFALI SHARMA) ACMM/(C)/THC/ DELHI 25.11.2019 Page 4 of 4 Pages FIR No. 82/2019 P.S.: Paharganj U/s.: 12/9/55 of Gambling Act 25.11.2019 Page 5 of 4 Pages IN THE COURT OF MS. SHEFALI SHARMA
ADDL. CHIEF METROPOLITAN MAGISTRATE : CENTRAL TIS HAZARI COURTS : DELHI FIR No. 82/2019 U/S. 12/9/55 of Gambling Act PS Paharganj State Vs. Mahesh Case ID No. 14251/2019 ORDER ON POINT OF SENTENCE Present: Ld APP for state.
Convict is present in person.
I have heard Ld APP for State as well as Convict on the point of sentence and have perused the record.
It is submitted by Convict that he is the sole bread earner for his family. It is further submitted by the convict that he is not previous convict and he is first time offender. Convict has prayed for a lenient view.
On the other hand Ld APP for State submitted that the convict be sentenced to maximum punishment as prescribed for the offence in question.
In the present case convict has been convicted for offence punishable u/s. 12/9/55 of Gambling Act. No previous conviction has State Vs. Mahesh ; FIR No.82-19; PS PG 2/2 been alleged or proved against convict. The convict is not involved in any such case, as stated by him. Convict is having a family to support.
Keeping in view the facts and circumstances of the case and also the fact that the convict is facing the trial for the commission of offence u/s. 12/9/55 of Gambling Act. Accordingly, accused is sentence to pay a fine of Rs.500/. SI for two days in default of fine. Fine paid. B/B and S/B stands discharged. Original, if any be returned after cancellation of endorsement. File be consigned to record room after due compliance.
Announced in open Court SHEFALI SHARMA
i.e. the 25th November, 2018 ACMM:(C) DISTT:DELHI
State Vs. Mahesh ; FIR No.82-19; PS PG 2/2
State Vs. Mahesh ; FIR No.82-19; PS PG 2/2