Delhi District Court
State vs Sonu on 30 January, 2026
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
IN THE COURT OF SH. MANISH JAIN
ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI
Cr. No. 318/2017
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
CNR No. DLSH020003962017
JUDGMENT
A Case Identification 318/2017
Number
B Name of the SI Radhey Shyam
Complainant
C Name of the accused 1 . Sonu
& his parentage and
S/o Sh. Horam Singh
address
2. Sunder
S/o Sh. Tara Chand.
3. Kundan
S/o Sh. Tara Chand.
4. Joginder @ Jaggi
S/o Sh. Tara Chand.
All R/o H. No. 40 Gali No.2
Karkardooma Village Delhi.
D Date of commission 06.08.2014
of the offences
E Date of Institution of 19.01.2017
the case
Digitally
signed by
MANISH MANISH
Date:
JAIN
JAIN 2026.01.30
page No. 1 of 14 16:06:45
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
F Offences charged u/s 186/353/332/34 IPC
G Plea of accused Pleaded not guilty
H Date of 30.01.2026
Pronouncement of
judgment
I Final Order Acquitted
J State represented by Ld. APP for the State.
JUDGMENT
Brief Statement of Reasons for Decision
1. Present accused persons are produced before the court to stand trial for commission of offences punishable u/s 186/353/332/34 IPC.
2. In brief, it is the case of prosecution that on 06.08.14, SI Radhey Shyam, along with Ct. Anuj and Ct. Omkar, arrived at KKD Village near the temple in response to a complaint about gambling in the park. They were on duty as part of an inquiry related to DD No. 38A. Upon entering the park, they noticed a group of individuals fleeing upon seeing them in their police uniforms. The officers pursued them and reached a nearby square (chowk) where they attempted to question the gathered individuals. The situation escalated when a group of 4-5 men, including Joginder and Kundan questioned the officer's authority and pushed Constable Anuj. In the ensuing confrontation, SI Radhey Shyam and Constable Anuj sustained injuries and the attackers tore Digitally signed by MANISH JAIN MANISH Date:
JAIN 2026.01.30
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
the officer's uniforms. As tensions rose, Constable Anuj and Constable Omkar managed to detain two suspects, while others fled upon seeing a call made by SI Radhey Shyam for additional police support. The detained individuals, Sonu and Sunder, provided their personal information. The injured officers were medically examined. SI Radhey Shyam established that the suspects obstructed law enforcement duties and attacked them, leading to charges under Sections 186/353/332/34 IPC. The investigation included inspecting the crime scene, preparing a site plan and collecting the torn uniforms as evidence. The seized items were placed in the Malkhana and the suspects were held for proper processing. On 09.09.14, Kundan and Joginder were arrested and subsequently released on bail. As the investigation progressed, statements of witnesses were recorded and medical reports were documented. A formal challan was prepared against all accused persons under the applicable sections of the IPC. On the basis of the said complaint, an FIR u/s 186/353/332/34 IPC was registered and investigation was set into motion. Accused persons were arrested and were produced before the court to face trial. Upon completion of investigation, charge-sheet was filed before the court.
3. Upon filing of the charge-sheet, Ld. Predecessor Court vide order dated 19.01.2017 took the cognizance of the offences against accused persons. Upon appearance of accused persons, copy of the chargesheet was supplied to them. Thereafter, the matter was listed for Digitally signed by MANISH MANISH JAIN JAIN Date:
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
arguments on the point of charge.
4. Thereafter, arguments on charge were heard and charge u/s 186/353/332/34 IPC was framed against the accused to which they pleaded not guilty and claimed trial.
5. Thereafter, prosecution was asked to lead its evidence. In order to prove its case, prosecution has examined seven witnesses.
6. PW-1 ASI Madan Pal deposed that he was posted at PS Anand Vihar as Duty Officer from midnight to 8 AM. Around 01:05 AM, Ct. Sachin brought a rukka sent by SI Raj Pal. PW-1 recorded DD entry (Ex.PW1/A), endorsed the rukka (Ex.PW1/B), registered FIR No. 490/2014 (Ex.PW1/C), issued copies, furnished certificate u/s 65B of Indian Evidence Act (Ex.PW1/D) and handed over the FIR and the original rukka to Ct. Sachin for further investigation. The witness was not cross-examined by the accused.
7. PW-2 SI Radhey Shyam deposed that on 06.08.2014, while he was on emergency duty at PS Anand Vihar, he received DD No. 38A regarding gambling in a park. He reached the spot with Ct. Omkar and also called Ct. Anuj to join. On entering the park, around 30-40 persons were present for gambling and on seeing the police, fled from the spot. When inquiry was made at the nearby chowk, some persons objected and 4-5 of them misbehaved and manhandled him and Ct.
Digitally
signed by
MANISH JAIN
MANISH Date:
JAIN 2026.01.30
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
Anuj, causing their uniform shirts to tear. He informed the DO and asked for reinforcement, whereafter two accused persons, Sonu and Sunder, were apprehended by Ct. Omkar and Ct. Anuj. SI Raj Pal reached the spot, recorded his statement, sent him and Ct. Anuj for medical examination, and seized the torn uniform shirts of both officials after converting them into pullandas. The two apprehended accused were arrested and their personal search conducted. He further stated in his continued examination that accused Joginder @ Joga and Kundan also misbehaved, threatened and fled from the spot; both were known to him as they belonged to his jurisdiction. On 09.09.2014, Joginder and Kundan were present at the PS, where he identified them and they were formally arrested and searched. In court, he correctly identified the sealed case property i.e., his uniform shirt (Ex. P-1) and Ct. Anuj's shirt (Ex. P-2), noting that their buttons were broken during the manhandling. He was cross-examined by Ld. Defence counsel.
8. PW-3 Ct. Anuj deposed that on 06.08.2014, he was posted at PS Anand Vihar and on patrolling duty he received a call from SI Radhey Shyam asking him to reach the park near Amarjyoti School. On reaching there, he met SI Radhey Shyam and Ct. Omkar. They saw several young persons in the park who fled on seeing the police and were later found at Karkardooma village chowk, where public persons started misbehaving and scuffling with them. During the scuffle, he and Ct. Omkar sustained injuries and their uniforms were torn. SI Digitally signed by MANISH MANISH Date:
JAIN JAIN 2026.01.30 page No. 5 of 14 16:07:12 +0530 (Manish Jain) ACJM:Shahdara:KKD:Delhi State Vs. Sonu FIR No.: 490/14 PS: Anand Vihar Radhey Shyam called for extra force and two accused, namely Sonu and Sunder, who misbehaved and caused injuries to police personnel, were caught at the spot while the rest escaped. They returned to the police station where Sonu and Sunder were arrested and their personal search conducted. This witness identified both accused in court. He further stated that co-accused Kundan and Joginder were also present at the spot with Sonu and Sunder and manhandled the police staff and tore their uniforms; they were also present in court and correctly identified by him. MHC(M) produced the sealed pullanda containing his torn uniform shirt, whose broken shoulder badge button and front buttons were shown to him in court and he identified the same as Ex. P-1. He was also cross-examined by Ld. Defence counsel.
9. PW-4 Ct. Sachin Kumar deposed that on 06.08.2014, he was posted at PS Anand Vihar and was on emergency duty with SI Raj Pal. After receiving DD No. 41A, they reached Karkardooma village near Mandir, where they met SI Radhey Shyam, Ct. Anuj and Ct. Omkar and noticed that the uniforms of all these police officials were in torn condition. SI Radhey Shyam also produced accused Sonu and Sunder before them. Thereafter, they returned to the police station where SI Raj Pal recorded the statement of SI Radhey Shyam and prepared the tehrir. PW-4 then took accused Sonu and Sunder for their medical examination and after the examination brought them back to the PS. Meanwhile, SI Raj Pal stayed at the spot to conduct further Digitally signed by MANISH MANISH JAIN JAIN Date:
2026.01.30 page No. 6 of 14 16:07:18 +0530 (Manish Jain) ACJM:Shahdara:KKD:Delhi State Vs. Sonu FIR No.: 490/14 PS: Anand Vihar investigation. Later, accused Sonu and Sunder were arrested vide memos Ex. PW-2/C and PW-2/D and their personal search was conducted vide memos Ex. PW-2/E and PW-2/F. PW-4 correctly identified accused Sonu in court but was unable to identify accused Sunder. He further stated that the case property (uniform shirts of SI Radhey Shyam and Ct. Anuj) had already been exhibited as Ex. P-1 and Ex. P-2 in the testimony of PW-2. As the witness was not disclosing full facts, he was cross-examined by Ld. APP for the State. He was also cross-examined by Ld. Defence counsel.
10. PW-5 HC Omkar Singh deposed that on 06.08.2014, he was posted at PS Anand Vihar on emergency duty with SI Raj Pal. On receipt of DD No. 38A, they went to the park area near Karkardooma village, where 8-10 young persons were found. He called Ct. Anuj to join and upon arrival of the police party, those persons fled. At Karkardooma chowk, public persons misbehaved with the police when inquiry was made and during this scuffle, Ct. Anuj's uniform was torn. PW-5 called the duty officer to send more force. Meanwhile, accused Joginder and Kundan abused and then fled. PW-5 and Ct. Anuj apprehended accused Sonu and Sunder at the spot. SI Radhey Shyam also arrived there and while pacifying those persons, his uniform was torn as well. The torn shirts of Ct. Anuj and SI Radhey Shyam were seized and accused Sonu and Sunder were arrested. PW-5 stated that he correctly identified all accused present in court but also Digitally signed by MANISH MANISH Date:
JAIN JAIN 2026.01.30 page No. 7 of 14 16:07:25 +0530 (Manish Jain) ACJM:Shahdara:KKD:Delhi State Vs. Sonu FIR No.: 490/14 PS: Anand Vihar mentioned that he cannot identify the accused persons solely by face. He was also cross-examined by Ld. Defence counsel.
11. PW-6 Retd. SI Rajpal Singh deposed that on 06.08.2014, he was posted at PS Anand Vihar on night emergency duty when he received DD No. 41A regarding a quarrel with SI Radhey Shyam. He reached Karkardooma village with Ct. Sachin and found SI Radhey Shyam, Ct. Anuj and Ct. Omkar with their uniform shirts torn and SI Radhey Shyam produced accused Sonu and Sunder before him, informing that they along with two associates had beaten them and torn their uniforms. PW-6 then took the accused to the police station, handed over custody to Ct. Omkar and along with SI Radhey Shyam, Ct. Sachin and Ct. Anuj went to Hedgewar Hospital where the victims were medically examined. He collected their MLCs, recorded SI Radhey Shyam's statement (Ex. PW2/A), prepared rukka (Ex. PW6/B) and sent it to the PS. He visited the spot again with SI Radhey Shyam and prepared a site plan at his instance (Ex. PW6/C). Thereafter, he seized the torn uniform shirts of SI Radhey Shyam and Ct. Anuj, sealed them, interrogated the accused Sonu and Sunder, arrested them vide memos Ex. PW2/C and PW2/D, and conducted their personal search vide memos Ex. PW2/E and PW2/F. He deposited the case property in the malkhana, produced the accused in court on 07.08.2014 and sent them to JC. He further stated that accused Joginder and Kundan later obtained anticipatory bail and were arrested on 14.09.2014 at the PS vide Ex. PW2/G and PW2/H, and Digitally signed by MANISH MANISH JAIN JAIN page No. 8 of 14 Date:
2026.01.30 16:07:31 +0530 (Manish Jain) ACJM:Shahdara:KKD:Delhi State Vs. Sonu FIR No.: 490/14 PS: Anand Vihar their personal search was conducted vide Ex. PW6/D and PW6/E. PW-6 also obtained sanction under Section 195 CrPC (Ex. PW6/F), completed investigation, filed the charge-sheet, and correctly identified all accused in court. He added that he can identify the case property and the torn uniforms which were already exhibited as Ex. P-1 and Ex. P-2. He was also cross-examined by Ld. Defence counsel.
12. PW-7 Dr. Reetesh Ranjan CMO at Hedgewar Hospital stated that on 06.08.2014 at about 11:53 PM, SI Radhey Shyam was brought by Ct. Sachin with alleged history of assault. On medical examination MLC No. 2634/14, he found abrasions over the right side of neck and right forearm and opined the injuries to be simple in nature. He also examined Ct. Anuj vide MLC No. 2635/14 and found abrasions over both arms, forearms and a teeth bite mark over the left forearm with sub-cutaneous haemorrhage, which were also opined to be simple in nature. Both MLCs were exhibited as Ex. PW-7/A and Ex. PW-7/B. He was cross-examined by Ld. Defence counsel and in cross- examination, he confirmed that the injuries were fresh and could be caused during a scuffle and stated that both injured persons remained in the hospital for treatment.
13. Accused persons have made statement u/s 294 Cr.P.C. and admitted DD NO. 38B and 41A and sanction u/s 195 Cr.P.C. which Digitally signed by MANISH JAIN MANISH Date:
JAIN 2026.01.30
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
are exhibited as Ex.A1 and Ex.PW6/F.
14. Thereafter, PE stands closed and statement of accused persons were recorded u/s 313 Cr.P.C wherein accused persons denied all the allegations and stated that they have been falsely implicated in this case. Accused persons chose to lead evidence in defence and examined four witnesses.
15. DW1 Rohtash Singh deposed that he lives in Karkardooma village and knows all the accused persons being neighbours. He stated that on 06.08.2014 at about 8:15-8:30 PM, while he was going to buy vegetables, he saw police officials beating accused Joginder at KKD chowk. According to him, after some time police left Joginder and he went home. He further stated that 10-15 minutes later, 8-10 police officials along with the SHO returned in a PCR van, went to Joginder's house but did not find him there and instead took accused Sunder from his shop on the ground floor and accused Sonu from his house on the third floor. He added that one neighbour, Rakesh @ Baba, along with others, asked police about the reason for picking up Sonu and Sunder, but police took them away without giving any explanation. This witness was cross-examined by Ld. APP for the State.
16. DW-2 Ghanshyam stated that he lives with his family in Saboli Village and that accused Kundan is his bua's son. He deposed that on 06.08.2014 around 11:00 AM / 12:00 noon, Kundan came to his house Digitally signed by MANISH MANISH JAIN JAIN Date:
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
and stayed there, leaving the next day on 07.08.2014 at around 10:00- 11:00 AM. This witness was cross-examined by Ld. APP for the State.
17. DW-3 Saroj stated that she resides in Karkardooma village and is the mother of accused Sonu, Sunder and Kundan. She deposed that on 07.08.2014 at about 7:00-8:00 PM, their family runs a general store where Sunder was sitting when police officials arrived, took Sunder from the shop, and also took Sonu from their house to PS Anand Vihar. She claimed that Sonu was suffering from cough and cold but she had no documents to prove this and asserted that her sons were falsely implicated.
18. DW-4 Anju stated that she resides in Karkardooma village and is the wife of accused Sonu. She deposed that in August 2014, on an unspecified date, Sonu was at home sleeping as he was unwell when police officials suddenly came and took him to the police station. She asked police why he was being taken but received no response and later came to know that police had also taken accused Sunder from the shop. This witness was cross-examined by Ld. APP for the State.
19. Thereafter, DE was closed and matter was fixed for final arguments.
20. I have heard the arguments advanced by Ld. APP for State and Ld. counsel for accused and perused the record carefully.
Digitally signed by MANISH JAIN MANISH Date:
JAIN 2026.01.30
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
21. It is a settled proposition of criminal law that burden lies upon prosecution to prove its case beyond reasonable doubt by leading reliable, cogent and convincing evidence. Further, it is a settled proposition of criminal law that in order to prove its case, prosecution is supposed to stand on its own legs and it cannot derive any benefit from the weaknesses, if any, in the defence of the accused. However, once the burden is discharged by the prosecution, the onus shifts upon the accused to prove his innocence.
22. In the case in hand, it is the case of prosecution that on 06.08.2014 while the complainant/PW2 alongwith PW3 Ct. Anuj were on patrolling duty then at about 10-10.30 pm, when the people assembled at the chowk were enquired about the gambling, 4-5 persons started mishandling PW2 and PW3 and gave beatings to them. It is further alleged that during the said scuffle, simple injuries have been caused to both PW2 and PW3 and their uniform were also torn. Though the accused Sonu, Sunder and Kundan have disputed their presence from the spot at that particular time and have taken the plea of alibi; and accused Joginder has disputed any scuffle with the complainants, the said fact needs to be taken into consideration only once the prosecution is able to discharge the burden placed upon it.
23. The pre-requisite for proving the charges framed against the accused persons is to establish that whether PW2 and PW3 were present on the spot in discharge of their official duties. In this regard, Digitally signed by MANISH JAIN MANISH Date:
JAIN 2026.01.30
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
both PW2 and PW3 have deposed that on the relevant date and time they were on patrolling duty and while patrolling they had reached at the place of incident. Further, the accused persons admitted DD entry bearing no. 38A, thereby proving the fact that the injured persons were present on the spot in discharge of their official duties.
24. As far as the question of giving beatings by accused persons to PW2 and PW3 is concerned, then pertinently, no independent witness has been examined by the prosecution to support its version in this regard. Admittedly, the place of incident is a public place. All the witnesses have invariable deposed that 15-20 public persons were present at the time of incident. However, no independent witness has been examined by the prosecution in support of its case. This court is of the view that although the police witnesses cannot be straightaway termed as unreliable witnesses, but when there is a possibility of joining any independent witness in the investigation and still no genuine efforts are made to join the independent person as a witness, then the testimony of the police witness does not lend sufficient credence/reliability, unless it is corroborated by independent material witness. Though the MLC has been proved thereby establishing the injury caused upon the injured persons, the culpability cannot be imputed upon the accused persons, without any material corroboration.
Digitally
signed by
MANISH
MANISH JAIN
JAIN Date:
2026.01.30
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(Manish Jain)
ACJM:Shahdara:KKD:Delhi
State Vs. Sonu
FIR No.: 490/14
PS: Anand Vihar
25. Thus, considering the entire aforesaid facts and circumstances, this court is of the view that there are several material lapses on the part of the prosecution which has led to casting of serious aspersions on the version of the prosecution and the same is found to be highly improbable and hard to be believed. As such, this court is of the view that the prosecution has failed to establish its case against the accused persons beyond the shadow of all reasonable doubts. Hence, all the accused persons namely Sonu, Sunder, Kundan and Joginder are hereby acquitted of the charges framed against them under sections 186/332/353/34 IPC.
Digitally
signed by
MANISH
MANISH
Announced in the open Court JAIN
JAIN
Date:
on 30th January, 2026. 2026.01.30 16:08:13 +0530 (Manish Jain) Additional Chief Judicial Magistrate Shahdara:Karkardooma Courts:Delhi page No. 14 of 14 (Manish Jain) ACJM:Shahdara:KKD:Delhi