Document Fragment View

Matching Fragments

10. Date of final order : 28.01.2026 State Vs.: Ram Narayan FIR No : 428/2007 U/s : 279 & 174A IPC and Section 119/177 & 132/179

1. The accused Ram Narayan is facing trial for offences u/s 279 and 174A IPC and Section 119/177 and 132/179 MV Act. The genesis of the prosecution story is that on 01.11.2007 at around 5:00 PM at CRPF Camp Red Light, Outer Ring Road, Vikas Puri, Delhi when the team of traffic officials comprising SI Sanjeev, HC Babu Lal and Ct. Harpal were performing the traffic regulation duties, then at about 5:00 PM, the accused allegedly came on his Truck no. DL-1GB-2319 from the side of District Center and the said truck was being driven by accused at high speed and in rash or negligent manner. Thereafter, accused was signaled by HC Babu Lal to stop the truck but he failed to obey the said command and rather jumped the red light. Allegedly, the accused was chased down by SI Sanjay on his motorcycle after about 300 meters i.e. at place near DTC Bus stand at Chaudhary Bhupender Singh Nagar. The matter was informed to the police vide PCR call made by SI Sanjay and thereafter, on the basis of statement of HC Babu Lal, the criminal law was into motion after registration of case FIR for offences u/s 279 IPC and 119/177 and 132/179 MV Act. After completion of investigation, the charge-sheet was filed against the accused for the alleged offences.

10. Having discussed the evidences on record, now let us advert ourselves to the merits of the present case. The accused has been indicted for offences u/s 279/174A IPC and Section 119/177 and 132/179 MV Act. The allegations against accused are to the extent that on 01.11.2007 at around 5:00 PM at CRPF Camp Red Light, Outer Ring Road, Vikas Puri, Delhi accused was driving truck no. DL-1GB-2319 in a high speed and rash or negligent manner. It is also in the allegations that the accused acted in contravention of the traffic driving regulations by jumping over the red light and also failed to stop the vehicle despite being signaled by the traffic police officials. It is also in the allegations that during the course of proceedings of the present case, the accused intentionally and deliberately avoided to appear before the Court despite issuance of multiple State Vs.: Ram Narayan FIR No : 428/2007 U/s : 279 & 174A IPC and Section 119/177 & 132/179 processes including proclamation u/s 82 Cr. PC due to which he was declared as an absconder vide order dated 17.09.2011.

17. In the present case, it is note-worthy to point out the fact that in order to establish the guilt of accused for alleged of- fences u/s 279 IPC and Section 119/177 and 132/179 MV Act, the prosecution is primarily relying upon the testimony of PW- 1 Retired HC Babu Lal, PW-2 HC Harpal and PW-3 Inspector Sanjay Kumar. PW-1 Retired HC Babu Lal has been cited as complainant in the present case and during the course of his deposition, he has simply stated that the truck bearing no. DL- 1GB-2319 was being driven by accused in rash and negligent State Vs.: Ram Narayan FIR No : 428/2007 U/s : 279 & 174A IPC and Section 119/177 & 132/179 manner and when same was signaled by him to stop, the ac- cused failed to do so and rather tried running away by jumping the red light. PW-1 has also stated that after some distance from the red light, the accused was chased down by SI Sanjay Kumar and the PCR Call was made. Similar are the versions of PW-2 HC Babu Lal and PW-3 Inspector Sanjay Kumar. The accused has not disputed the fact that the aforesaid truck was being driven by him at the time when he was stopped by the team of traffic police officials comprising PW-1, PW-2 and PW3 and rather the defense of accused is that he was not driving the vehicle in rash or negligent manner nor he disobeyed any direc- tions of the traffic police officials by not stopping the vehicle when he was signaled to do so. The aforesaid admission made by accused coupled with the identification of accused as the driver of the aforesaid truck as made by PW-1, PW-2 and PW-3 in their testimonies, the fact that the truck no. DL-1GB-2319 was being driven by accused on the given date, time and place stands duly proved by the prosecution.

State Vs.: Ram Narayan FIR No : 428/2007 U/s : 279 & 174A IPC and Section 119/177 & 132/179

25. Thus, in view of aforesaid discussion, I am of the considered opinion that prosecution has been able to prove its case u/s 174A IPC and therefore, accused is hereby convicted of offence u/s 174A IPC.

26. Let the convict be heard separately on the point of sentence.

Announced in the open court on 28.01.2026.

(Rishabh Kapoor) Judicial Magistrate First Class-05 (South-West)/Dwarka/28.01.2026 State Vs.: Ram Narayan FIR No : 428/2007 U/s : 279 & 174A IPC and Section 119/177 & 132/179