Delhi District Court
Judgment In The Case Of Shyam And Another vs . State Of Maharashtra on 22 August, 2007
1 SC No. 84/07
IN THE COURT OF SH. DINESH DAYAL:
ADDL.SESSIONS JUDGE:
KKD COURTS: DELHI.
Case ID Number 02402R0461012007
SC No. 84/07
FIR No. 13/07
Police Station Farsh Bazar
Under Section 363/366/376 IPC
Committed to Sessions on 01/08/07
Date on which arguments heard 22/08/2007
on the point of charge
Date of Decision 22/08/07
In the matter of :
State
Versus
Daulat Ram @ Nonu
S/o Kanhaiya Lal
R/o House No. 882-B, Gali No. 8,
Bhola Nath Nagar, Shadara, Delhi
...Accused.
ORDER ON CHARGE
1.On 12.01.2007 Smt. Usha Sharma made a statement before SI Vijay Shanker alleging that she is residing at House No. 424, Gali No. 6, Bhola Nath Nagar, Shahdara Delhi. She had four children. Her third child 2 SC No. 84/07 namely Sakshi Sharma aged about 15 ½ years, who is a student of 11th Standard in Babu Ram School No. 1 is missing since 06.45 PM of 11.01.07 . Her daughter Sakshi Sharma had left the house without telling anyone. She has searched for her daughter and suspects that Daulat Ram @ Nonu has abducted her daughter Sakshi Sharma.
2. Sakshi Sharma and Daulat Ram @ Nonu accused were recovered by the police on 16.01.07.
3. Statement of Sakshi Sharma was recorded by SI Vijay Shanker and she has stated that she is a student of 11th Standard. She was having a love affair with the neighbouring boy Daulat Ram @ Nonu for the last 2 years. Her parents wanted to send her to the village after removing her from the school. She told this to accused Daulat Ram @ Nonu and on 11.01.07 she left her house of her own and went with Daulat Ram @ Nonu to Loni. They stayed at Loni for two days and then they stayed at different places where she established physical relations with Daulat Ram of her own free will.
4. Sakshi Sharma was produced before the Learned Metropolitan Magistrate on 18.01.07 where her statement under section 164 Cr.PC was 3 SC No. 84/07 recorded. Sakshi Sharma has given similar statement before the Learned Metropolitan Magistrate.
5. The prosecution has filed this charge sheet under section 363/376 IPC . To establish that the girl was a minor, her secondary school certificate has been filed which shows her date of birth as 05th September 1990.
6. The Learned Counsel for the accused has filed an application for discharge of the accused.
7. I have heard the Learned Additional P.P for the State and Learned Counsel for the accused on the question of framing of the charge and the application of the accused for discharge.
8. The statement of Sakshi Sharma clearly shows that she had gone with the accused Daulat Ram @ Nonu of her own free will. She was more than 16 years of age on the day she left the house. She established physical relations with the accused Daulat Ram @ Nonu of her own free will. No offence under section 376 IPC therefore be made out.
9. The Learned Counsel for the accused has placed before me the judgment in the case of Shyam and Another Vs. State of Maharashtra 4 SC No. 84/07 reported as AIR 1195 Supreme Court 2169.
10. A perusal of the statement of Sakshi Sharma shows that she was having a love affair with the accused Daulat Ram @ Nonu for the last 2 years. On 11.01.07 she left her house of her own free will and joined the accused , who took her to Loni on his motorcycle. The conduct of the prosecutrix as also the manner of so called " TAKING" does not show that it was the accused who had taken the prosecutrix from the custody of the lawful guardians. It rather appears that the prosecutrix had left the house because her guardians wanted to stop her studies and send her to the village.
11. I find that in the circumstances of the case no case is made out against the accused. Accused Daulat Ram @ Nonu is accordingly discharged . Bail bond of the accused is cancelled. Surety stands discharged.
File be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT ON 22nd August, 2207 (DINESH DAYAL) ADDITIONAL SESSIONS JUDGE, KARKARDOOMA COURTS, DELHI