Delhi District Court
State vs Smt Neerja Sharma Etc on 7 August, 2024
IN THE COURT OF Ms. NEHA GUPTA SINGH,
CHIEF JUDICIAL MAGISTRATE
NORTH DISTRICT, DELHI
State VS. : Neerja Sharma and Ors.
FIR No: : 502/2007
P. S. : Crime Branch (Narela Industrial Area)
U/s : 384/385/387/506/120-B IPC
JUDGMENT
Cr. case No. : 5289490/2016
Date of its institution : 08.07.2008
Name of the complainant : Dr. Mukesh Aggarwal
Date of Commission of offence : Around year 2004
Name of the accused : 1) Neerja Sharma
W/o Sh. Deepak Sharma
R/o House no. 522, village
Alipur, Delhi.
2) Ram Chander
S/o Sh. Ramji Lal
R/o House no. SD-193,
Vishakha Enclave, Pitam
Pura, Delhi.
3) Rajesh Mann (Expired)
(proceedings against him
abated vide order dt.
20.07.2023)
Offence complained of : U/s 384/385/387/506/120-
B IPC
Plea of accused : Pleaded not guilty
Case reserved for orders : 30.07.2024
Date of judgment : 07.08.2024
Final Order : Acquitted for offence
U/s 384/385/120-B IPC
CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 1 of 12
BRIEF STATEMENT OF FACTS FOR THE DECISION:-
1. The prosecution story in brief is that in and around year 2004, all the accused persons entered into a criminal conspiracy the purpose of which was to put the complainant Dr. Mukesh Aggarwal S/o Sh. Radhey Shyam Aggarwal in fear of injury in order to commit extortion and extort money from complainant. It is further alleged that in pursuance of criminal conspiracy, all the accused persons visited the clinic of complainant at U-86 C, Lampur Road, Opposite Government Hospital, Narela Delhi and also made calls to the complainant from mobile nos. 9212333095, 9213142103 9212150527 and threatened the complainant to implicate him in false rape case in order to commit extortion of money from the complainant. All the accused persons extorted sum of Rs. Rs. 5,00,000/- till 07.09.2007 from the complainant, after putting the complainant in fear of injury i.e. to implicate him in false rape case.
2. Investigation was completed and police report under section 173 Cr.P.C. was filed under sections 384/385/387/506 and 120-B IPC. Cognizance was taken and accused persons were summoned.
3. Copy of charge sheet and documents were supplied to the accused persons in compliance of section 207 Cr.P.C.
4. Arguments on charge were heard and charge against accused Neerja Sharma, Rajesh Mann and Ram Kumar was framed under section 384/385 r/w Section 120- B IPC vide order dated 24.02.2018 to which accused persons pleaded not guilty and claimed trial.
5. It is pertinent to mention here that accused Ram Kumar has expired and proceedings against him stands abated CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 2 of 12 vide order dt. 20.07.2023.
6. In order to bring home the guilt of the accused prosecution examined the following witnesses.
7. PW-1 Sh. Rakesh Kumar Khatri deposed that he was running a Chemist shop at U-61A, Lampur Road, Narela, Dehi in the name of Narela Medical Store. Around 10 years ago, physiotherapist, Mr. Pradeep who used to work in the hospital of Dr. Mukesh Aggarwal, came to his shop and told him that Dr. Mukesh was involved in a case and the case has to be got settled. Mr. Pradeep was known to him. He told him that he do not know about his case and thereafter, Pradeep made arrangement for his talk with Dr. Mukesh over phone. He talked to Dr. Mukesh and he told him that there is a lady Neerja Sharma R/o Alipur and he asked him whether he know the said lady, he replied in negative He asked him to get his matter settled for money. He told him that he do not know the said lady and can not do anything in his matter. After about one month, he was called to Crime Branch office, R.K Puram and police made inquiry from him regarding the aforesaid facts. He apprised them about the aforesaid facts. No other proceedings were placed in his presence. He further deposed that he do not know anything about the case of Dr.Mukesh with the aforesaid lady Neerja. The hospital of Dr. Mukesh Aggarwal was in front of his chemist shop. The said witness was declared hostile and was cross-examined by ld. APP for State.
8. PW-2 Dr. Mukesh Aggarwal deposed that in the year 2007, he was running his Nursing Home which was established in the year 2001 with the name of 'Dr. Mukesh, Orthopedic and Trauma Centre' situated at U-86C, Lampur Road, Narela, Delhi. In the year 1004, he operated one patient, namely, Neeraja Sharma and admitted her for one day at his hospital. He further CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 3 of 12 deposed that the said patient again came to him at his aforesaid nursing home in 2007 and told him that she was having pain in same hip which was operated by him. Accordingly, he medically examined her and advised her to get physiotherapy. At his clinic, physiotherapist, namely, Pradeep provided physiotherapy to her. She attended said physiotherapy classes for about 5-6 days. He further deposed that he was the leading practitioner of Orthopedic in that area at that time. The said lady again came to his clinic in the year 2007 along with police officer, namely, ACP and told him that "Dr. Sahab, you were having huge practice and you have to pay some money through said lady to Delhi police and he also told him that accused Neerja Sharma had filed more than fifteen cases against some different persons including her father and brother." The said ACP also told him that "one of the colonel committed suicide after filing complaint against him by her and her father and brother also have been convicted on her complaint". He further deposed that the said ACP threatened him and left his hospital with the said lady. After few days in afternoon, a police officer claiming himself to be Vinod Gautam came to his nursing home and threatened him by saying that some lady filed an FIR against him in PS Ashok Vihar and took him in a vehicle to Alipur at a home. When he reached there, he observed that the aforesaid lady was present there and threatened him to give money to her and she also threatened her to implicate him in a false case if he would not pay/fulfill her demand. He further deposed that after 4-5 days thereafter, he was not present in his Nursing home, when the same lady came with some person and broke furniture of his nursing home and extended beatings to his staff. His wife was present in the nursing home at that time who told him about the aforesaid incident and she also filed a complaint in PS Narela in CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 4 of 12 this regard. He further deposed that after about 2-3 days from aforesaid incident, he paid cash of Rs.20,000/- and Rs.50,000/- to her under the threats given by her and despite payment, she again raised her demand for more payment. Under the fear of threat, he went to the Hon'ble High Court against aforesaid lady and police officials, namely, Ram Chander, Roop Ram and Vinod Gautam. In the said petition, the Hon'ble High Court directed him to file a complaint case before the concerned court of MM/CMM. He further deposed that thereafter he filed his complaint case vide his complaint Ex.PW2/A in the concerned Court and on the basis of which present FIR was registered by the direction of the Court. In pursuance of the Court order, FIR was registered by PS Narela and investigation was marked to Crime Branch. He further deposed that after registration of present case, aforesaid lady get registered a case against her u/s 376 IPC on the false and fabricated facts. After completion of said investigation, the police filed cancellation report in the Court which was accepted by the said Court. He further deposed that he had filed one typed and one handwritten complaint. He had sent the said complaint by post to Commissioner of Police, Delhi Ex.PW2/B and Ex.PW2/C. The said witness was also declared hostile by Ld. APP for State as he did not identify accused Ram Chander as ACP who visited his clinic and was cross-examined by him. Further, witness never appeared for cross examination by accused Neerja Sharma and later expired.
9. PW-3 Chhote Lal deposed that he was working as ward boy in Dr. Mukesh Orthopedic & Trauma Centre. In the year 2008 he was enquired by police official and he told that accused Neerja Sharma came to the said centre as patient and she was operated in the said centre and he do not remember remaining facts. The said witness was also declared hostile by CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 5 of 12 Ld. APP for State and was cross-examined by him.
10. PW-4 Sh. Pradeep Kumar deposed that he was working as Physiotherapist with Dr. Mukesh Orthopedic and Trauma Centre, Lampur Road, Narela since 2001. He knew accused Neerja Sharma as a patient as she visited their aforesaid Nursing Home for four times in the year 2007. She always used to visit alone. She do not know about the date, month and year when she lastly visited him and met him or contacted him either personally or telephonically. He do not know who is Rajesh Mann. He do not remember the date, month and year but Dr. Mukesh told him that accused Neerja Sharma harassed him and demanded money from him. He do not know to whom Pratham Medicos and Narela Medicos related. He never tried to sort out the matter between accused Neerja Sharma and Dr. Mukesh Aggarwal in the presence of Rajesh Mann and Rajesh Khatri at Narela Medicos. He even do not remember whether any ACP of Delhi Police ever visited the aforesaid Nursing Home in the month of January, 2007. No police official came at the aforesaid Nursing Home along with accused Neeraja Sharma. He further deposed that he do not know who is Ram Chander and Rajesh Mann. The said witness was also declared hostile by Ld. APP for State and was cross-examined by him.
11. PW-5 Sh. Naveen Kumar Verma deposed that he had no personal knowledge regarding the present case. As far as he recall way back one person came at his medical store and he informed him that one packet was to be given to a lady. She was also carrying a phone number. She had called on that number and it was revealed by receiver of phone call that he was doctor Mukesh and that packet was to be collected by a lady namely Neerja. She was his patient and therefore he kept that packet at his shop. That packet was carrying leaflets of medicines and CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 6 of 12 boxes of medicines. He had nformed the police also about the same. He further deposed that the name of the shop was Verma Medical Store at Dayal Market, Narela Road, Alipur, Delhi. Neerja usually used to purchase medicines from his medical store.
12. PW-6 Shashi Bhushan deposed that in the year 2007, he was working as a ward boy in one nursing home of Dr. Mukesh Aggarwal, Orthopedic and Trauma Center. He do not remember the time but one day 3-4 persons including Neerja Sharma whose name he came to know later on and that lady made a hue and cry but cannot say as to why that lady made a hue and cry. At that time, Dr. Mukesh was not available in the nursing home. In the meantime, the wife of Dr. Mukesh came outside and he do not know to whom they made a call. Later on he came to know that the wife of Dr. Mukesh made a call to police. The said witness was also declared hostile by Ld. APP for State and was cross-examined by him.
13. PW-7 Sh. Rajesh Khatri deposed that he do not remember the year but he was working as a ward boy in one nursing home of Dr. Mukesh Aggarwal, Orthopedic and Trauma Centre. His duty was from 08.00 pm to 08.00 am. He do not remember by whom the act of throwing the articles of the hospital and made shouting in the said nursing home but he came to know later on from other staff and that some person came at nursing home at night and did the said acts of throwing articles at the hospital. The said witness was also declared hostile by Ld. APP for State and was cross-examined by him.
14. PW-8 Sh. Sanjay Kumar deposed that he was working as ward boy/field boy in one nursing home of Dr. Mukesh Aggarwal, Orthopedic and trauma Center situated at U- 86 C Lampur Road, Narela, Opposite Government hospital. His CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 7 of 12 duty hours from 09.00 am to 06.00 pm. He do not remember by whom the act of throwing the articles of the hospital and made shouting in the said nursing home but he came to know later on from other staff that some person came at nursing home at night and did the said acts of throwing articles at the hospital and act of shouting. The said witness was also declared hostile by Ld. APP for State and was cross-examined by him.
15. PW-9 Ranjit Singh deposed that he was working as ward boy in hospital of Dr. Mukesh Aggarwal however, he do not know anything about this case. The said witness was also declared hostile by Ld. APP for State and was cross-examined by him.
16. PW-10 SI Anil Kumar deposed that on 17.09.2022, he was working as a Duty Officer and his duty hours were from 4pm to 12midnight. At about 5:45pm, he received a rukka from HC Bani Singh for getting the FIR registered in the present case. After getting the rukka, he made endorsement on the same. Thereafter, he instructed the DD writer to register the FIR in the present case and after sometime, copy of said FIR was further handed over to HC Bani Singh for further send to Insp. B.S Jhakhar alongwith original rukka, Copy of FIR is Ex. PW-10/A
17. PW-11 Retd. ACP Sh. Jasbir Malik deposed that On 26.09.2007, he was posted as ACP at ANTI Extortion cell, RK Puram, New Delhi. On that day, the investigation of the present case was assigned to him. He perused the case file and during investigation he collected the relevant documents relating to the present case. He visited the clinic of complainant Mukesh Aggarwal at Narela and collected the documents with regard to that registration of his clinic. He had collected and verified the CDR of accused persons namely Neerja Sharma and complainant. He further deposed that on 03.05.2008, he along CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 8 of 12 with Ct. Azad Singh visited the office of ACP Patel Nagar so as to collected the log book of Vehicle I.e. Gypsy bearing no. DL 1 CJ 3563 of ACP Patel Nagar and seized the same vide seizure memo Ex. PW-11/A. The photocopy of log book is collectively mark J (colly) which is running into pages already appended on judicial file from page no. 14 to 127. He recorded the statement of witnesses including Ct. Azad. He also verify and analysis the CDR of mobile no. of Mukesh Aggarwal and Neerja Sharma and for that he had requested the Nodal officer of Tata Cellular and Vodaphone regarding the such data vide application Ex. PW-11/B and Ex. PW-11/C. He further deposed that on 09.05.2008, he arrested the accused Neerja Sharma in the presence of W/ct. Suman and prepared the arrest memo Ex. PW-11/D. He also got conducted her personal search through W/ct. Suman and prepared memo Ex. PW-11/E. After got medically examine of the accused kept her in lock-up. During investigation he made application for brain maping and Narco analysis test of accused Neerja Sharma vide application Ex. PW-11/F. He further deposed that hereafter the concerned experts conducted the said test at Bangalore and he requested to the director forensic Bangalore through the head quarter qua the office of DCP for the report of the same vide application Ex. PW-1 1/G. Thereafter after completion of the investigation he filled the charge sheet against the accused Neerja Sharma.
18. PW-12 Retd. ACP Sh. Bharat Singh Jakhar deposed that on 17.09.2007, investigation of the present case was marked to him as there was one application made by the complainant U/s 156(3) Cr.PC and thereafter the FIR was registered by the order of the court. He made an endorsement on the said order of the court from Point A to point A Ex. PW-12/A. He further deposed that thereafter he handed over the same to the HC Bane CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 9 of 12 Singh so as to further sent to PS Narela for registration of the FIR. He left for PS Narela and next day he got the copy of present FIR for investigation. He called Dr. Mukesh Aggarwal and made inquiry from him and handed over him one written complainant. He also collected the medical records from his clinic situated at Narela. His clinic was in the name as "Dr. Aggarwal orthopadetic at Narela". He also handed over him one CD with regard to recorded audio conversation of one Bansal with accused Neerja Sharma. He seized the same also seized one documents pertaining to the factum of pressurizing of written apology from Dr. Mukesh Aggarwal and the same document was collected form accused Neerja Sharma vide seizure memo Ex. PW-12/B. He further deposed that thereafter he recorded the statement of witnesses. Thereafter the investigation of the present case was marked to other IO.
19. Thereafter, prosecution evidence was closed by the order of the court. Statement of accused persons were recorded under Section 313 Cr.P.C. All the incriminating evidences were put to the accused, to which they stated that they are falsely implicated in the present matter. They do not wish to lead evidence in defence.
20. Final arguments were lead for state by Ld. APP and for accused Ld. Counsel lead the arguments.
21. It is argued by the state that prosecution has proved its case beyond reasonable doubt. Accused were identified by the witness as offenders. Accused indulged in extortion of money from complainant by putting him in fear of incrimination in false rape case.
22. Per contra it is argued by the Ld. Counsel for accused Ram Chander that there are material contradictions in testimony of witnesses. It is nowhere proved that accused were CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 10 of 12 involved. They were identified at the instance of IO.
23. It is argued for the accused Neerja Sharma that accused was falsely implicated in the present matter. Prosecution has failed to prove on record fact that accused gave threats to complainant for extortion. Recovery is not made from accused and it is no where proved that Rs. 5,00,000/- were given to accused. Complainant, never appeared for cross examination and his testimony cannot be relied upon.
24. It is a cardinal principle of criminal jurisprudence that prosecution has to prove its case beyond reasonable doubts by leading reliable, cogent and convincing evidence. Further, it is a settled proposition of criminal law that in order to successfully bring home the guilt of the accused, prosecution is supposed to stand on its own legs and it cannot derive any benefits whatsoever from the weakness, if any, in the defense of the accused. Accused is entitled to the benefit of every reasonable doubt in the prosecution story and any such doubt in the prosecution case entitles the accused to acquittal.
25. In present case PW 2 was the star witness of the prosecution. He is the complainant; however, he did not appear for cross examination and later expired. Accused never got an opportunity to cross examine him and challenge his veracity, in such cases his examination in chief cannot be read against ac- cused Neerja Sharma. He was hostile as to accused Ram Chan- der. In present case prosecution has failed to examine any mate- rial witness against the accused persons. There is nothing incrim- inating against accused on record. Prosecution has not estab- lished the factum of handing over of money by complainant, nor any past behavior of accused Neerja Sharma where she has filed false cases against other persons as alleged.
CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 11 of 1226. Accordingly accused Ram Chander and Neeraj Sharma are acquitted for offence under section 384/385/120 B IPC.
Announced in the open court Neha Digitally signed
by Neha Gupta
On this 7th August 2024 Gupta Singh
Date: 2024.08.07
Singh 17:06:35 +0530
Neha Gupta Singh
Chief Judicial Magistrate
Dist. North, Rohini Delhi
CC No. 5289490/2016 State Vs. Neerja Sharma & Ors. Page 12 of 12