Delhi District Court
State vs . Satpal on 10 December, 2021
IN THE COURT OF SH. AAKASH SHARMA, METROPOLITAN
MAGISTRATE-08, WEST DISTRICT, ROOM NO. 30, TIS HAZARI,
DELHI.
FIR No. : 497/17
U/s : 279/338 IPC
P.S. : Mianwali Nagar
State Vs. Satpal
JUDGMENT:
a) CNR No. : DLWT02-004039-2018
b) Sl. No. of the Case : 2084/18
c) Name & address of the : Narayani Devi
complainant. W/o Sh. Chhatra Pal
R/o C-516-517 Camp no. 2
Nangloi, Delhi
d) Name & address of : Satpal
accused S/o Sh. Jagbir Singh
R/o Village Sangi, Distt. Rohtak
Haryana.
e) Date of Commission of : 19.12.2017
offence
f) Offence complained off : U/s 279/338 IPC
g) Plea of the accused : Pleaded not guilty.
h) Final Order : Acquitted
i) Date of such order : 10.12.2021
FIR No. 497/17 State V. Satpal 1/5
Date of Institution : 27.03.2018
Final arguments heard on : 10.12.2021
Judgment Pronounced on : 10.12.2021
BRIEF STATEMENT OF REASONS FOR DECISION: -
1. Briefly stated, case of the prosecution is that on 19.12.2017 at about 03.00 PM near Peeragarhi Metro Station, Main Rohtak Road, Peeragarhi, Delhi accused was found driving a car make of Ford Feego bearing registration No. HR 12 AE 5499 rashly and negligently in such a manner so as to endanger human life and personal safety of others and while driving so he hit left leg of the complainant Smt. Narayani Devi and caused grievous hurt to the complainant and thus committed an offence punishable u/s 279/338 IPC.
2. After investigation, challan for offence U/s 279/338 IPC was filed. Compliance of Section 207 Cr.P.C was done.
3. Charge for committing the offence punishable under Section 279/338 IPC was framed against accused on 26.06.2019. He pleaded not guilty and claimed trial.
4. To substantiate its case, the prosecution examined the complainant.
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5. PW1 Narayani Devi is the complainant who deposed that she does not know anything about the present case. Ld. APP sought permission to cross-examine the witness under section 154 Indian Evidence Act. Statement recorded by the police of the witness Ex PW 1/A was read over to her but she stated that she did not make any such statement. Witness also denied her thumb impression upon the same. Ld. APP asked leading questions to the witness. Witness stated that it was wrong to suggest that she had been won over by the accused or that she was deposing falsely.
Attention of the witness was drawn to the accused. Significantly, witness failed to identify the accused.
6. Ld. APP for the State requested for examination of other witnesses including the IO. Request of Ld. APP of the state was declined as the examination of the other remaining witnesses being police officials would have served no purpose in view of the testimonies of the complainant who has not supported the case of the prosecution. Hence the PE was closed.
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7. There being nothing materially incriminating against the accused, his examination u/s 313 Cr.P.C was dispensed with.
8. I have heard Ld. APP for the State, Ld. Counsel for the accused and have carefully gone through the record.
9. PW1, who is the complainant, has not supported the case of the prosecution. Even she has deposed that she does not know anything about the present case. Even she has failed to identify the accused who was presented to her.
10. It is pertinent to note that the accused and the complainant had undergone mediation and had settled the dispute qua offence under Section 338 IPC towards compensation of Rs. 20,000/- payable to the complainant. The same was paid and the offence under Section 338 IPC was compounded. Accordingly, accused was acquitted of offence under Section 338 IPC.
11. The witness/complainant has not supported the case of the prosecution qua offence under section 279 IPC. Essential ingredients of FIR No. 497/17 State V. Satpal 4/5 the offence remained unproved and no incriminating evidence is found against the accused.
12. In view of my discussion here in above, accused Satpal is hereby acquitted of the charged offences u/s 279/338 IPC.
Dictated & Announced (Aakash Sharma)
in Open Court MM-08/West/Delhi
On the 10th day of December, 2021 10.12.2021
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