Delhi District Court
State vs . Kapil Garg & Ors. on 20 August, 2014
IN THE COURT OF Ms. CHETNA SINGH:MM-02(SOUTH DISTRICT)
SAKET COURTS COMPLEX, NEW DELHI
STATE Vs. Kapil Garg & Ors.
FIR No.724/07
U/s : 427/451/34 IPC
P.S. : Malviya Nagar
Date of institution of case : 01.07.2007
Date on which case reserved for judgment : 20.08.2014
Date of judgment : 20.08.2014
JUDGMENT
1.FIR No. of the case : 724/07 2.Date of the Commission : 06.06.2007 of the offence
3.Name of the accused : 1. Kapil Garg S/o Sh. Panna Lal Garg
: R/o H. No. 1723/5, Govindpuri
: Extension, Kalkaji, New Delhi.
: 2. Vikas Dahiya S/o Kaptan Singh
: R/o H. No. B-50, Christian Colony
: North Campus, New Delhi.
: 3. Krishan Kumar S/o Sh. Ram Singh
: R/o H. No. 724, Village Kapashera,
: New Delhi.
: 4. Vinod Charan S/o Sh. Shankar Lal
: R/o H. No. 1723/5, Village & Post
: Rattangarh, District Neemach, M.P.
FIR No. 724/07 State Vs Kapil Garg & ors. Pages 1/9
: 5. Sanjeev Kumar S/o Sh. Partap
: Singh R/o B-50, Christian Colony
: Patel Chest Delhi (absconder).
4.Name of the complainant : Sh. M.L. Gupta, Office Principal in
: Aurobindo College (Morning), Malviya
: Nagar, New Delhi.
5.Offence complained of : 427/451/34 IPC
6.Plea of accused : Pleaded not guilty
7.Final order : Acquitted
BRIEF FACTS
1. The story of the prosecution is that on 06.06.2007 at 12.00noon at Aurobindo College compound, Malviya Nagar, New Delhi, falling within the jurisdiction of PS Malviya Nagar accused persons namely Kapil Garg, Vikas Dahiya, Krishan Kumar, Vinod and Sanjeev (since absconder) in furtherance of their common intention entered into the college premises and caused widespread destruction of the College property in the College Library around Principal's office and other places and thereby accused persons committed offences punishable u/s 427/451/34 IPC.
2. On the basis of the said allegations and on the basis of the complaint of the complainant, an FIR bearing number 724/07 under section 427/451/34 IPC was lodged at Police Station Malviya Nagar.
3. After investigation, charge-sheet under section 173 Cr.P.C was filed on 01.07.2007.
FIR No. 724/07 State Vs Kapil Garg & ors. Pages 2/9
4. On the basis of the charge-sheet, a charge for the offence punishable under section 427/451/34 IPC was framed against the accused persons namely Kapil Garg, Vikas Dahiya, Krishan Kumar and Vinod and read out to the said accused persons, to which they pleaded not guilty and claimed trial on 25.03.2014.
APPRECIATION OF EVIDENCE
5. To prove its case, prosecution has examined the following witnesses:
6. PW-1 Dr. M.L. Gupta was examined on 02.06.2014 and deposed that on 06.06.2007 he was posted as officiating Principal at Shri Aurobindo College Morning and on that day at about 12noon few students from outside under the guideline of Kapil Garg, Vikas Dahiya and others entered into the college and destroyed the property of the college i.e. chairs, library plate form, glasses, principal gate etc. and also the flower vessels. He further deposed that at that time some police officials were present over there and they saved them and the staff members of the college. He further deposed that he had lodged a complaint about the incident. The said complaint is Ex. PW-1/A bearing his signature at point A. He further deposed that on 04.07.2007 Kapil Garg came to the college on same day for a girl favorable admission which he told him that admission committee will do all procedure and it is not in his hand alone. He further deposed that he also informed that the FIR was lodged on the recommendation of his colleague who had given the name of those two boys namely Kapil Garg and Vikas Dahiya (however, he does not remember the name of his colleague at that time as the matter is pertaining to the year 2007). He further deposed that he cannot recognize those boys in question.
FIR No. 724/07 State Vs Kapil Garg & ors. Pages 3/9
7. On resiling from his earlier statement, this witness was cross examined by Ld. APP for State wherein he denied the suggestion that the group of students were belonging to leader from Shaheed Bhagat Singh College as Vice president of DUSU. He further denied the suggestion that they were raising slogan against the irregularity in the admission process of the college. He further denied the suggestion that he was not identifying the accused persons present in the court who were destroying the property of the college as he had been won over by the accused persons. He voluntarily stated that at the time of incident, he was inside office and police had locked the door from the outside. He denied the suggestion that on the date in question i.e. 06.06.2007 there was scuffle (oral altercation) with admission committee convener Vipin Aggarwal (lecturer commerce department) and Sh. S.S. Rana (lecturer professor Science department) and other staff. He admitted that at about 12.30pm he had heard some noise of abusive language and destruction of property of college. He further denied the suggestion that he was deposing falsely.
8. This witness was cross examined by Ld. counsel for the accused Kapil Garg wherein he stated that the deposition he made in court is correct. He further deposed that apart from his complaint, he does not know what material/documents were collected by the police during the course of investigation. He admitted that he had not handed over anything pertaining to the incident dated 04.07.2007 to the police not it police collected from him. He denied the suggestion that since there was no incident dated 04.07.2007 that is why no documents pertaining to this incident were handed over to the police nor it has been collected by the police during investigation. He further deposed that he does not know the typing that is why the said complaint Ex. PW-1/A has not been typed by him FIR No. 724/07 State Vs Kapil Garg & ors. Pages 4/9 nor he does not know who had typed the said complaint. He further deposed that he had not submitted any document pertaining to his attendance on the date in question. He denied the suggestion that since he was not the officiating principal on the date of incident that is why no such document in this regard was handed over to the police by him during the course of investigation and he does not remember how many times his statement was recorded. He denied the suggestion that he had falsely implicated the accused Kapil Garg because of their political affiliation or that the accused Kapil Garg has any role to play in the alleged incident or any incident prior to the report dated 05.06.2007.
9. This witness was cross examined by Ld. counsel for the accused Vikas Dahiya wherein he stated that he had named the accused Vikas Dahiya as per the contents of his complaint and his name was disclosed to him by his staff members. He further deposed that he cannot tell the name of staff members who had disclosed the name of Vikas Dahiya and he cannot say whether accused Vikas was present on the date of incident.
10. This witness was not cross examined by Ld. counsel for the accused Vinod and Krishan despite opportunity given.
11. PW-2 Sh. Vipin Aggarwal being officiating Principal of the College was examined on 02.07.2014 and deposed that he does not remember the exact date and month, however it was 2008. He further deposed that he was posted as Associate Professor in department of commerce and convener admission committee Sh. Aurobindo College and on that day at the time of incident, he was not present in college. However, he had been called by the Principal regarding the incident. He further deposed that he had not given any statement to the police as he was not FIR No. 724/07 State Vs Kapil Garg & ors. Pages 5/9 present over there.
12. On resiling from his earlier statement, this witness was cross examined by Ld. APP for State wherein he denied the suggest that the date of incident was 04.07.2007. He further denied the suggestion that on that day Kapil Garg who was the leader of ABVP (DUSU) came for admission of a girl and abused the then Principal and threatened the staff of the college and the police officials present there. He further denied the suggestion that on 06.07.2007 at around 12 in the noon 22-25 students in a group came in the college and they were raising slogan against the Principal of college as well as administration of the college. He further denied the suggestion that the said mob/group was led by Kapil Garg and Vikas Dahiya or that they were putting allegations that there is something wrong in the admission process of college. He further denied the suggestion that he had seen that Kapil Garg and Vikas Dahiya with their friends were abusing the staff of college and they were breaking the furniture and glass of the college. He further denied the suggestion that he cannot identify the accused Kapil Garg and Vikas Dahiya as he was not present over there. He further denied the suggestion that he has been won over by the accused persons or that he was deposing falsely.
13. This witness was not cross examined by Ld. counsel for the accused Kapil Garg, Vinod, Vikas and Krishan despite opportunity given.
14. PW-3 Sh. Dr. S.S. Rana being Associate Professor in Department of Political Science in Sri Aurobindo College was examined on 02.07.2014 and deposed that he does not remember the exact date and month, however it was 2008. He further deposed that he was posted as Associate Professor in department of political science in Sri Aurobindo College and co-convener admission committee Sh. Aurobindo College and FIR No. 724/07 State Vs Kapil Garg & ors. Pages 6/9 on that day at the time of incident, he was not present in college. However, he had been called by the Principal regarding the incident. He further deposed that he had not given any statement to the police as he was not present over there.
15. On resiling from his earlier statement, this witness was cross examined by Ld. APP for State wherein he denied the suggest that the date of incident was 04.07.2007. He further denied the suggestion that on that day Kapil Garg who was the leader of ABVP (DUSU) came for admission of a girl and abused the then Principal and threatened the staff of the college and the police officials present there. He further denied the suggestion that on 06.07.2007 at around 12 in the noon 22-25 students in a group came in the college and they were raising slogan against the Principal of college as well as administration of the college. He further denied the suggestion that the said mob/group was led by Kapil Garg and Vikas Dahiya or that they were putting allegations that there is something wrong in the admission process of college. He further denied the suggestion that he had seen that Kapil Garg and Vikas Dahiya with their friends were abusing the staff of college and they were breaking the furniture and glass of the college. He further denied the suggestion that he cannot identify the accused Kapil Garg and Vikas Dahiya as he was not present over there. He further denied the suggestion that he has been won over by the accused persons or that he was deposing falsely.
16. This witness was cross examined by Ld. Defence counsel for the accused Vikas wherein he admitted that the college premises is not a private home or private building. He further admitted that at the time of admission anyone including the friends or family members etc can entered into the college premises.
FIR No. 724/07 State Vs Kapil Garg & ors. Pages 7/9
17. This witness was not cross examined by Ld. counsel for the accused Kapil Garg, Vinod and Krishan despite opportunity given.
18. PW-4 Sh. Bhagwan Singh being Peon in Sri Aurobindo College was examined on 23.07.2014 and deposed that he was in the staff room of the college when the incident happened.
19. This witness was not cross examined by Ld. counsel for the accused Kapil Garg, Vinod and Krishan despite opportunity given.
20. PW-5 Sh. Chand Ram being Section Officer in Sri Aurobindo College was examined on 23.07.2014 and deposed that on the day of alleged incident he was in his office cabin.
21. This witness was not cross examined by Ld. counsel for the accused Kapil Garg, Vinod and Krishan despite opportunity given.
22. PW-6 Sh. Prahlad Singh being Librarian in Sri Aurobindo College was examined on 23.07.2014 and deposed that he was in his office cabin when the incident happened.
23. This witness was not cross examined by Ld. counsel for the accused Kapil Garg, Vinod and Krishan despite opportunity given.
24. PW-7 Sh. Hari Ram being Chowkidar in Sri Aurobindo College was examined on 23.07.2014 and deposed that he was at main gate of the college when the incident happened.
25. This witness was not cross examined by Ld. counsel for the accused Kapil Garg, Vinod and Krishan despite opportunity given.
26. Apart from these seven witnesses, no other witness was examined by the prosecution. Hence, PE was ordered to be closed on 23.07.2014. The statement of accused persons under section 313 r/w section 281 Cr.P.C was recorded on 20.08.2014 wherein they stated that they do not want to lead any defence evidence.
FIR No. 724/07 State Vs Kapil Garg & ors. Pages 8/9
27. Final arguments were advanced by Ld. Counsel for accused persons and Ld. APP for state. Heard.
Reasons for Decision
28. Prosecution has examined only seven witnesses in the present matter including complainant Dr. M.L. Gupta. PW-1 Dr. M.L. Gupta being the complainant, PW-2 Vipin Aggarwal and PW-3 Dr. S.S. Rana being public witness have been examined by the prosecution but they have not supported the version of the prosecution and their testimonies do not inspire any confidence. Hence, no purpose would have been served in examining remaining witnesses. Thus, there is nothing on record to bring on the guilt of the accused persons u/s 427/451/34 IPC.
29. Hence, no grounds are found to hold the accused persons guilty of the offences as charged. The accused persons namely Kapil Garg, Vikas Dahiya, Krishan Kumar and Vinod are hereby acquitted of the offences u/s 427/451/34 IPC.
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 to be reopened as and when any clue as regards accused Sanjeev is found.
Announced in the Court
on 20.08.2014 (CHETNA SINGH)
MM-02(SD)/20.08.2014
Certified that this judgment contains 9 pages and each page bears my signatures.
(CHETNA SINGH) MM-02(SD)/20.08.2014 FIR No. 724/07 State Vs Kapil Garg & ors. Pages 9/9