Delhi District Court
State vs . Indira Devi & Ors. on 2 May, 2015
IN THE COURT OF Ms. CHETNA SINGH:MM-02(SOUTH DISTRICT)
SAKET COURTS COMPLEX, NEW DELHI
State Vs. Indira Devi & Ors.
FIR No.686/03
U/s : 3/4/5/8 of ITP Act
P.S. : R.K. Puram
Date of institution of case : 13.12.2003
Date on which case reserved for judgment : 02.05.2015
Date of judgment : 02.05.2015
JUDGMENT
1.FIR No. of the case : 686/03 2.Date of the Commission : 21.10.2003 of the offence
3.Name of the accused : 1. Indira Devi W/o Sh. Mukesh
: R/o H. No. 6, Type I, Sector 6, R.K.
: Puram, New Delhi.
: 2. Sunita @ Nisha W/o Sh. Avnesh
: Mehto R/o H. No. A-317, New Ashok
: Nagar, New Delhi.
: 3. Maya Devi Wo Sh. Harish
: R/o H. No. 15, Sector 6, R.K. Puram,
: New Delhi.
: (all these three convicted on their
: plea of guilt vide order dated
: 07.08.2008)
: 4. Rani W/o Sh. Ajay Kumar, R/o 840,
: Sector VII, R.K. Puram, New Delhi.
: 5. Sapna D/o Sh. Satpal, R/o 620,
: Sector VII, R.K. Puram, New Delhi.
FIR No. 686/03 State Vs Indira Devi & Ors. Pages 1/3
4.Name of the complainant : Inspector R.K. Rathi,
: SHO R.K. Puram, New Delhi.
5.Offence complained of : u/s 3/4/5/8 of ITP Act
6.Plea of accused : Pleaded not guilty
7.Final order : Acquitted
BRIEF FACTS
1. The story of the prosecution is that on 21.10.2003 at about 5.35pm at H. No. 503, Sector VI, R.K. Puram, New Delhi, within the jurisdiction of PS malviya nagar, both accused Rani and Sapna endeavoured to attract the attention of decoy customer namely Maheshwar by gestures for sake of prostitution and thereby both accused committed an offence punishable u/s 8 of ITP Act.
2. On the basis of the said allegations and on the basis of the complaint of the complainant, an FIR bearing number 686/03, under section 3/5/8 of ITP Act was lodged at Police Station Malviya Nagar.
3. After investigation, charge-sheet under section 173 Cr.P.C was filed on 13.12.2003.
4. On the basis of the charge-sheet, charge for the offence punishable under section 8 of ITP Act was framed against the accused persons namely Rani and Sapna and read out to the said accused, to which they pleaded not guilty and claimed trial on 22.07.2011.
5. Prosecution has not examined any witness in the present matter. Summons upon PW SI Vivek Maheshwari being material witness received back unexecuted through IO by way of last opportunity with the FIR No. 686/03 State Vs Indira Devi & Ors. Pages 2/3 report that he has sent request for next date of hearing. Summons upon PW ACP Ranbir Singh being material witness received back unexecuted with the report that he has expired. His Death Certificate has been placed on record along with report. Hence, no purpose would have been served in examining remaining witnesses. As none of the witness has been examined in the present matter, PE was ordered to be closed on 02.05.2015. The statement of both accused under section 313 r/w section 281 Cr.P.C was recorded on 02.05.2015 in which they stated that they do not want to lead defence evidence.
6. Final arguments were advanced by Ld. Counsel for accused as well as by Ld. APP for the state. Heard.
7. As the entire prosecution story rests on the statement of PW SI Vivek Maheshwari and PW ACP Ranbir Singh being material witnesses, in its absence nothing incriminating against the accused persons could be found on record by the prosecution.
8. Hence, no grounds are found to hold the accused persons guilty of the offence as charged. The accused persons namely Rani and Sapna are hereby acquitted of the offences charged u/s 8 of ITP Act.
Previous bail bond in compliance of section 437-A Cr.P.C. to remain in force for a period of 6 month from today. File be consigned to record room.
Announced in the Court (CHETNA SINGH) on 02.05.2015 MM-02(SD)/ 02.05.2015
Certified that this judgment contains 3 pages and each page bears my signatures.
(CHETNA SINGH) MM-02(SD)/ 02.05.2015 FIR No. 686/03 State Vs Indira Devi & Ors. Pages 3/3