Delhi District Court
State vs . Sarvesh Kumar on 31 May, 2013
IN THE COURT OF SH. DEVENDER KUMAR, ACMM/NORTH EAST :
KARKARDOOMA COURTS, DELHI
State Vs. Sarvesh Kumar
FIR No : 261/06
U/S : 279/337 IPC & 3/181 r/w 146/149 M.V. Act
PS : New Usman Pur
1. Serial No. of the case : 04/08
2. Date of commission of offence : 19.07.2006
3. Date of institution of the case : 22.01.2007
4. Name of the complainant : Sh. Sadre Alam
S/o Sh. Mohd. Samsul
R/o H. No. A329/8, Shri Ram
Colony, Khajuri, Delhi.
5. Name of accused & address : Sarvesh Kumar
S/o Sh. Mahipal Singh
R/o H. No. D/150, Dispensary
Chowk, Bhajan Pura, Delhi
6. Offence complained or proved : U/s 279/337 IPC & 146/196 r/w
3/181 of Motor Vehicle Act
7. Plea of the accused : Pleaded not guilty
8. Date of arguments : 31.05.2013
9. Date of judgement : 31.05.2013
10. Final order : Acquitted
11.Brief statement of the reason for decision :
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JUDGMENT:
Vide this judgment, I shall decide this case under Section 279/337 IPC & 3/181 r/w 146/196 of Motor Vehicle Act. Brief facts of the prosecution case as under :
1. Prosecution has alleged that on 19.07.2006 at 7.00 am at main road, first Pusta, Usmanpur, Delhi, accused was allegedly driving his TSR bearing no. DL1RE 3905 in rash and negligent manner as to endanger human life and personal safety of others and hit against a rickshaw. It is further alleged that the complainant Sadre Alam and Meena sustained injuries. The accused was driving the vehicle without license and insurance. Police arrested the accused and chargesheeted under section 279/304A IPC and 3/181 r/w 146/196 of Motor Vehicle Act.
2. Accused appeared before this Court and after compliance of Section 207 IPC, a notice under section 279/304A IPC & 3/181 r/w 146/196 of Motor Vehicle Act was framed against him vide order dated 06.01.2012 and he pleaded not guilty and claimed trial.
3. I have heard the arguments and perused the record. To prove the allegations, the prosecution has summoned the main injured Sadre Alam and Meena many times, but they have left last known address without intimation to the prosecution. Process issued to them received back with the report 'left' FIR No. 261/06 State Vs. Sarvesh Kumar 2/3 through DCP concerned. Accused pleaded guilty towards the offence under Section 3/181 of Motor Vehicle Act and plead guilt of the accused is volunteer. However, the accused has produced a valid insurance of the vehicle. In fact, prosecution has failed to prove the case against the accused under Section 279/337 IPC r/w Section 146/196 of Motor Vehicle Act.
Accused is hereby acquitted for these offences. However, accused is convicted for the offence u/s 3/181 of Motor Vehicle Act and sentenced for a fine of Rs. 500, in default, 7 days SI. Surety bonds cancelled. Surety discharged. Any documents placed on record, either by surety or accused, be returned against acknowledgment. File be consigned to record room after due compliance.
Announced in open Court (DEVENDER KUMAR)
st
on 31 May, 2013 ACMM (North East)
Karkardooma Courts, Delhi
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