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C Name of the accused & his Mukhiya Gujjar S/o Maam Raj Singh parentage and address R/o E-6/18, Krishna Nagar, Delhi D Offence Complained of U/s 147/149 IPC & Section 3 (1) of Prevention of Damage to Public Property Act, 1984 (PDPP Act) E Date of commission of 20/10/2004 offence. 

    F Date of Institution          04/01/2006
    G Offence Charged              U/s 147/149 IPC & Section 3 (1) of
                                   Prevention of Damage to Public Property
                                   Act, 1984 (PDPP Act)
    H Plea of the accused          Pleaded not guilty
     I Order Reserved on           29/11/2018
    J Date of Pronouncement        29/11/2018
    K Final Order                  Acquitted


            BRIEF STATEMENT OF THE REASONS FOR THE DECISION

PROSECUTION'S CASE
    1    The story of the prosecution is that on 20/10/2004 at about 3.00 pm at

Gazipur Dairy Farm, Live Stock Market, on M.S. Gate within the jurisdiction of PS Kalyanpuri accused Mukhiya Gujjar with some other associates (who PAGE NO. 1/11 FIR No. 495/04 PS Kalyanpuri State Vs. Mukhija Gujjar were not arrested) was a member of an unlawful assembly and in prosecution of common object of the said assembly that was to demolish the boundary wall and grill on M.S Gate, they used force and violence for demolishing the wall and grill which was a public property belonging to MCD. Thereby, he is alleged to have committed offences U/s 147 r/w section 149 IPC and section 3 (1) of PDPP Act.

NOTICE 2 After investigation, charge-sheet under section 173 Cr. P.C was filed on 04/01/2006 u/s U/s 147 r/w section 149 IPC and section 3 (1) of PDPP Act. 3 On the basis of the charge-sheet and after compliance of Sec. 207 Cr.P.C., a charge for the offences punishable under section U/s 147 r/w section 149 IPC and section 3 (1) of PDPP Act were framed against accused Mukhiya Gujjar and read out to him, to which he pleaded not guilty and claimed trial on 10/06/2008.

corroboration by any independent public witness as well as the non- collection of any documentary evidence regarding the construction at the spot or the fact that the property in question was a public property, I have no hesitation in holding that the prosecution has failed to prove the offences charged against the accused beyond any reasonable doubt. 33 The accused Mukhiya Gujjar is accordingly acquitted for offences U/s 147/149 IPC & Section 3 (1) of Prevention of Damage to Public Property Act, 1984 (PDPP Act) as framed against him giving him the benefit of doubt. SHIVALI SHARMA SHIVALI Location: East District Karkardooma ANNOUNCED IN THE OPEN COURT SHARMA Courts Delhi Date: 2018.11.29 ON 29/11/2018 16:50:51 +0530 (SHIVALI SHARMA) CMM (EAST)/KKD/29/11/2018 Certified that this judgment contains 11 pages and each page bears my signatures.