Delhi District Court
State vs . Imran on 13 April, 2018
IN THE COURT OF MS SHEFALI BARNALA TANDON, MM-06 (C),
TIS HAZARI COURT, DELHI.
FIR No.295/2006
U/s 377/34 IPC
PS: Sadar Bazar
State Vs. Imran
JUDGEMENT
1. Sl. No. of the case : 293028 of 16
2. The date of commission of : 13.09.2006
offence
3. The name of the complainant : Mr. "M" (name withheld)
4. The name and address of : Imran
accused S/o Qayamuddin
R/o H.No.6388, Gali Koyele
Wali, Kasabpura, Sadar Bazar,
Delhi.
5. Offence under which charge : 377/34 IPC
has been framed
6. The plea of accused : Pleaded not guilty.
7. Final Order : Acquitted
U/s 377/34 IPC
Date of Institution : 17.11.2006
Judgment reserved on : 13.04.2018
Judgment announced on : 13.04.2018
FIR No.295/2006 State Vs. Imran 1/8
PS Sadar Bazar
STATEMENT OF THE REASONS FOR THE DECISION :-
1. The brief facts of the present case are that on 13.09.2006, at about 6:00 PM, at 2 nd Floor, Nawab Road Basti, Harphool Singh, Sadar Bazar, Delhi, within the jurisdiction of PS Sadar Bazar, accused alongwith his associates Salman and Samadh in furtherance of common intention had carnal intercourse against the order of nature with "M". Thereby, the accused committed the offences punishable u/s. 377/34 IPC.
2. After investigation, charge-sheet was filed against the accused u/s. 377/34 IPC. The copies of charge-sheet as well as its annexures were supplied to the accused in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C.) and charge for the offence u/s. 377/34 IPC was framed against accused Imran by the Ld. Predecessor of the Court vide order dated 18.09.2009 to which he pleaded not guilty and claimed trial.
3. The prosecution was thereafter given opportunity to prove the accusation against the accused and examined seven witnesses. Relevant portion of testimony of witnesses is discussed hereinafter.
4. PW-1 Retired ASI Dharam Pal (Duty Officer) proved the carbon copy of the present FIR as Ex.PW1/A and endorsement on rukka Ex.PW1/B.
5. PW-2 Dr. Balraj Yadav (C.M.O.) prepared the MLC, dated 20.09.2006 of patient Mr. "M" and proved the same as Ex.PW2/A, with alleged history of sexual assault. He also proved MLC of the accused Imran dated 22.09.2006 as Ex.PW2/B. FIR No.295/2006 State Vs. Imran 2/8 PS Sadar Bazar
6. PW-3 Ct. Mohd. Akil deposed that on 21.09.2006, Duty Officer handed over him the copy of the present FIR and original tehrir with direction to handover it to IO/ SI Tulsi Ram. At about 12:00 Noon, he met with IO/ SI Tulsi Ram, Ct. Ranjeet and Complainant Mr. "M". He handed over the copy of FIR and original tehrir to IO. Thereafter, they all went to the search of the accused in the area of PS Sadar Bazar and they reached at Kallu Wali Masjid, where accused Salman was identified by the complainant. Accused Salman was apprehended and his disclosure statement was recorded. His motorcycle was taken into custody. Thereafter, accused Salman was sent to Hindu Rao Hospital for medical examination. Thereafter, they kept on searching the other accused persons and at about 6:00 PM at Bara Maidan, Kasbapura, Sadar Bazar, the accused namely Imran was correctly identified by the witness and accused Samadh were apprehended by them at the instance of the complainant. Accused Imran was arrested vide arrest memo Ex.PW3/A. Personal search of accused Imran was also got conducted vide memo Ex.PW3/B and his disclosure statement was also got recorded vide memo Ex.PW3/C. As accused Salman and Samadh were juvenile, so their custody were handed over to their parents. Accused Imran was put behind the bar. IO recorded his statement
7. PW-4 Mr. "M" (Victim) deposed that incident was of year 2006, he was child at that time and was in the street in his area. 3 boys/ persons came on the bike and one of the person told him that he would give a round to him on bike and asked him to sit on the bike. He was made to sit in-between the three persons on the said bike. Those persons FIR No.295/2006 State Vs. Imran 3/8 PS Sadar Bazar took him to a house of someone. Two of them were known to him by face and the third one, he saw for the first time on that day. One of them put his hand on his mouth. There was dark in the house and one of them started doing wrongful acts with him. That person did sexual intercourse with him from anal against law of nature. He deposed that the person was familiar to him as he had seen him in his colony on earlier occasion. The house where he was taken by the accused persons was at the some distance from his house. He had not raised voice for the help as he was not aware at that what was going-on with him. He had not felt any pain. Thereafter, they left him at that place and he returned to his house himself. He narrated the incident to his father and disclosed all the facts about the incident. He deposed that matter was not reported to the police on the date of incident and it was reported next day. He was taken to the Hospital for his medical examination. His statement was recorded by the police proved as Ex.PW4/A. The witness did not identify the accused.
During his cross-examination by Ld. APP, he stated that it was accused Salman who did wrongful acts to him. He further stated that he only gave name of two persons i.e. Salman and Samad, to the police. He further deposed that he had seen accused Imran in the Court for the first time and police arrested those persons, whose names he had given. Further, he denied all the suggestions put by the prosecution against present accused Imran.
8. PW-5 ASI Ranjeet Singh deposed that on 21.09.2006, he joined the investigation of the case with SI Tulsi Ram and Ct. Mohd. Akil. On that day, they were in the area Kasab Pura for the investigation purpose. When they reached near the Kallu Wali Masjid where they met FIR No.295/2006 State Vs. Imran 4/8 PS Sadar Bazar with Mohit alongwith his father namely Ashkheen. There complainant Mr. "M" pointed out towards the Salman and told that he alongwith Samadh had committed wrongful act with victim Mr. "M". IO made the inquiry from Salman and recorded his disclosure statement. The motorcycle of accused Salman was taken into custody. Thereafter, accused Salman was sent to Hindu Rao Hospital (HRH) for his medical examination. Thereafter, they kept on searching the other accused persons. At about 06:00 at Bada Maidan, Kasabpura accused Imran (correctly identified by the witness) and Samadh were apprehended at the instance of complainant. Accused Imran was arrested vide arrest vide memo proved as Ex.PW3/A, his personal search memo was also got conducted vide memo as Ex.PW3/B. Disclosure statement of accused Imran was also got recorded vide memo proved as Ex.PW3/C. Motorcycle was seized vide seizure memo proved as Ex.PW5/A. Accused Salman and Samad were juveline, their custody was handed over to their parents. Accused Imran was lead them to the place where the incident had occurred. IO prepared the pointing out memo proved as Ex.PW5/B.
9. PW-6 Mr. Mohd. Ashikeen deposed that he did not remember the exact month and year when this incident had happened, due to the lapse of time. His son namely Mr. "M" came to him and told him about the unnatural sexual inter course by some persons. He alongwith his Brother and Son went to PS Sadar Bazar for getting the FIR registered. The witness failed to identify the accused.
10. PW-7 Inspector Tulsi Ram (Investigating Officer) deposed that on 20.09.2006, complainant Mr. "M" alongwith his Father Mohd.
FIR No.295/2006 State Vs. Imran 5/8 PS Sadar Bazar
Ashkeen came to PS Sadar Bazar and informed him about incident took place on 13.09.2006. He brought the facts of said incident to the notice of SHO and recorded the statement of the victim/complainant Mr. "M". As the case was related to act of committing sodomy on the victim, he sent him for medical examination to Bara Hindu Rao Hospital alongwith his Father and Ct. Mohd. Akil. On that day, the expert opinion regarding the alleged act of sodomy on victim could not be obtained, thus, the case was not registered on that day. On 21.09.2006, he obtained the expert opinion on the MLC of the victim and thereafter, he prepared the rukka proved as Ex PW7/A. Thereafter, he alongwith complainant and his Father went in search of accused and at the instance of complainant, accused Salman was apprehended. Accused Salman was found to be juvenile, hence, JWO was informed and thereafter inquiry was made in presence of JWO from accused Salman. Thereafter, apprehension memo of accused Salman was prepared. Thereafter, accused Imran and other accused Al Samadh were apprehended. Accused Al Samadh was also found to be juvenile and thus proceedings as per Juvenile Act were conducted against him. Accused Imran was arrested vide memo proved as Ex.PW3/A. Personal search of accused Imran was also conducted vide memo already proved as Ex.PW3/B. IO also recorded disclosure statement of accused Imran vide memo already proved as Ex.PW3/C. At the instance of complainant, he prepared the site plan proved as Ex.PW1/B. IO also seized the motorcycle bearing registration No.DL-1SE-2597 on which the victim was taken by the accused persons vide memo already proved as Ex.PW5/A. He prepared the pointing out memo at the instance of accused persons which was already proved as Ex.PW5/B. On the next day, both the juvenile accused presented before the J.J.B. & accused Imran before FIR No.295/2006 State Vs. Imran 6/8 PS Sadar Bazar court and was sent to JC. He also recorded the statement of witnesses After completion of investigation, he prepared the challan and filed the same before the Court.
11. It is pertinent to mention here that accused Imran admitted the genuineness of MLC No.9434/06 of patient Mr. "M" dated 20.092.006, during his statement recorded u/s. 294 Cr.PC qua admission denial of documents recorded on 05.03.2018. Hence, PW Dr. C.B. Dabas was dropped from the list of witnesses.
Thereafter, prosecution evidence was closed.
12. Statement of accused U/s 313 Cr.P.C. was recorded and all the incriminating evidence coming on record was put to the accused, in which he has submitted that it is false case against him and witnesses have deposed at the instance of IO. However, accused chose not to lead any defence evidence.
13. I have heard the arguments of Ld. APP for the Sstate, Ld. Counsel for accused as well as perused the entire record carefully.
14. PW-4, victim is the only material witnesses of the prosecution on whose testimony all prosecution case lie. PW-4 is the victim of offence of unnatural assault and his testimony be appreciated liberally being victim and child at the time of offence. However, he has failed to identify the present accused Imran as the person, who committed wrong to him. Further, he has not deposed anything against him qua the charge despite his lengthy cross- examination by Ld. APP for the State. He has emphatically deposed on oath that he gave name of two accused persons i.e. of Salman and Samad, who FIR No.295/2006 State Vs. Imran 7/8 PS Sadar Bazar committed alleged wrongful act to him and never gave the name of present accused Imran to the police.
15. The other important witness of prosecution is PW-6 who is the Father of the victim, however, he is only a hear say witness as he has not seen the commission of offence charged and has also failed to identify the present accused Imran.
16. In these circumstances, as the star witness of the prosecution has turned hostile with regard to the identity of the present accused and has not alleged anything against him, it can safely be concluded that in the present case the evidence on the record is not at all sufficient to hold the accused guilty of the alleged offences, hence, the prosecution has failed to prove the guilt of the present accused Imran beyond reasonable doubt. Accordingly, accused Imran is acquitted for the offence charged U/s 377/34 IPC in the present FIR bearing No.295/2006.
17. Acquitted person is directed to furnish Bail Bond u/s 437 (A) Cr.PC for a sum of Rs.10,000/- with one surety of like amount on record.
Digitally signed by SHEFALI SHEFALI BARNALA
BARNALA TANDON
Date: 2018.04.16
ANNOUNCED IN THE OPEN TANDON 15:18:13 +0530
COURT ON 13th APRIL, 2018 (SHEFALI BARNALA TANDON)
MM-06 (C)/TIS HAZARI COURT
DELHI
FIR No.295/2006 State Vs. Imran 8/8
PS Sadar Bazar