Delhi District Court
State vs . Shobha Sharma & Ors. on 14 December, 2018
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IN THE COURT OF SHRI DEEPAK KUMAR1
MM02: WEST: TIS HAZARI COURTS:NEW DELHI
FIR No.329/13
PS: Rajouri Garden
U/s. 23/26 of the Juvenile Justice (Care and
Protection of Children) Act, 2000
State vs. Shobha Sharma & ors.
Date of Institution of case:16.11.2013
Date of Judgment reserved:14.12.2018
Date on which Judgment pronounced: 14.12.2018
JUDGMENT
Unique ID no. of the case : 66021/16
Date of commission of offence : JanuaryFebruary, 2013
Name of complainant : Radhika
D/o Sunil Kumar
R/o Village Bakhtyarpur, PS Bad, Distt.
Patna, Bihar
Name and address of accused : 1. Shobha Sharma
D/o Lt. Sh. Prakash Sharma
R/o Village Kharagpur, Mohalla Palli,
Distt. Midnapur, West Bengal
2. Gursharan Singh
S/o Sh. Amar Singh
R/o 112B, DDA Flats(LIG),
Rajouri Garden, Delhi
3. Pooja Verma
W/o Sh. Ritesh Verma
R/o H. No.6/18, Subhash Nagar, Delhi
FIR no.329/13 PS Rajouri Garden State VS Shobha Sharma & ors. 1/4
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Plea of accused : Pleaded not guilty
Date of order : 14.12.2018
Final order : Acquitted for offence u/s 23/26 of the
Juvenile Justice (Care and Protection of
Children) Act, 2000
BRIEF REASONS FOR DECISION
1. The accused has been sent to face trial under Section 23/26 of the Juvenile Justice (Care and Protection of Children) Act, 2000, on the allegations that in the month of January, 2013, accused Shobha Sharma got employed the minor Radhika in Beatui Parlour of coaccused Pooja where minor Radhika was made to work for long hours from 6 am to 8 pm and accused Shoba Sharma also kept her earrings with her and thereafter in the month of February, 2013 accused Shobha Sharma again got employed the minor Radhika in the house of coaccused Gursharan for the purpose of supplying tiffins and working as maid and accused Shoba Sharma kept her earrings with her. Further, in the month of January, 2013 accused Pooja Verma employed the minor Radhika in her Beauty Parlour shop where minor Radhika was made to work for long hours from 6 to 8 pm and accused Pooja Verma paid her earrings to coaccused Shobha Sharma. Further, in the month of February, 2013 accused Gursharan Singh employed the minor Radhika in his house for the purpose of supplying tiffins and working as maid and accused Gursharan Singh paid her earrings to coaccused Shobha Sharma. On the basis of the above allegations, the present FIR 329/13 was registered at police station Rajouri Garden and all the accused persons have been charged with the above offence.
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2. After investigation, charge sheet was filed against all the accused persons. Copies of charge sheet was supplied to them in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C.) and notice U/s. 23/26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was framed against all the accused persons on 23.01.2016, to which they pleaded not guilty and claimed trial.
3. The prosecution was thereafter given opportunity to prove the accusations against the accused persons. The prosecution examined two witnesses.
4. In the present matter, all the accused persons namely Shobha Sharma, Gursharan Singh and Pooja Verma are facing trial U/s. 23/26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the testimony of PW/victim Radhika was a material one. However, this witness was dropped from the list of witnesses as she remained unserved despite repeated efforts. She remained unserved even through DCP concerned. She was the only witness who could have thrown some light on the incident. All other witnesses were formal in nature and their evidence was of no avail to the prosecution. In my considered opinion, no useful purpose would be served by recording the statement of accused persons and by proceedings further with the trial. Accordingly, statement of accused persons u/s 313 CrPC was dispensed with.
Order FIR no.329/13 PS Rajouri Garden State VS Shobha Sharma & ors. 3/4 4/4
6. As no incriminating evidence has come on record against the accused persons namely Shobha Sharma, Gursharan Singh and Pooja Verma, they are acquitted for the offence u/s 23/26 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
7. Bail bonds in terms of Section 437A Cr.PC has been obtained from all the accused persons (since acquitted) in compliance of the judgment of the Hon'ble High Court in State Vs Virender Yadav & Anr. 2014 I A.D (Del.) 389.
Digitally signed by DEEPAK DEEPAK KUMAR
Date:
KUMAR 2018.12.14
16:13:08
+0530
Announced in open Court on (DEEPAK KUMAR1)
14.12.2018 (4 pages) M.M.02West)/THC,
14.12.2018/Delhi
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