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5. Offence complained of or proved : U/Sec.3 DPDP Act

6. Plea of Accused : Accused pleaded not guilty for offence U/Sec. 3 DPDP Act

7. Final Order : Acquitted Date of reserving the judgment : 06.01.2023 Date of pronouncement of judgment : 19.01.2023 THE BRIEF BACKGROUND & GENESIS OF FIR :

The present FIR was registered on the complaint that on 16.01.2020 at 9:30 p.m. at Electric Pole in front of A-21/20, Naraina Phase-II, within the jurisdiction of PS Naraina, accused Amarjyot Singh affixed one hoarding of HANS HYUNDAI on the electric pole at the abovesaid place and he thereby committed an offence punishable U/Sec.3 of DPDP Act.
2. After completion of investigation, charge-sheet was filed. Copies were supplied to the accused and notice U/Sec.251 Cr.P.C. was served upon the accused on 25.05.2022 for offence punishable under section 3 DPDP Act to which accused has pleaded not guilty and claimed trial.
PROSECUTION EVIDENCE
3. To prove its case, prosecution has examined 03 witnesses.

PW-1 is ASI Vedpal who has proved registration of FIR as Ex.PW1/A, rukka as Ex.PW1/B and Certificate U/Sec.65B Indian Evidence Act as Ex.PW1/C. PW-1 was not cross-examined by the accused despite opportunity given to him.

2023.01.19 15:44:46 +0530 stated that he is innocent and has been falsely implicated in the present case. He stated that hoarding was planted upon him.
DEFENCE EVIDENCE

5. Accused chose not to lead any evidence in his defence.

EVALUATION OF THE PROSECUTION EVIDENCE

6. Accused was charged for offence under section 3 DPDP Act.

18. Thus, in the absence of any proof as to the affixation of the alleged advertisement poster by or at the behest of the accused, much less, the proof beyond reasonable doubts qua the said fact, there is no question of the accused being guilty for the offence of defacement of the public property within the meaning of Section 3 of DPDP Act.

19. In view of the aforesaid discussions, accused Amarjyot Singh is entitled to be acquitted and is hereby acquitted of the offence punishable U/Sec.3 of the DPDP Act.