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1. The brief facts of the case of prosecution are that on 13.02.2013 at about 11.20 pm, in front of H. No. B­53, Paryavaran Complex, Saidullajab, New Delhi, accused intending to insult the modesty of the complainant Ms. Poonam Negi utter words, made gestures, intending that such words shall be heard by her and also threatened to get the other complainant Rajesh Singh Negi murdered by paying Rs.1­2 lacs to henchmen with intention to cause alarm to the complainants and also caused damage to the vehicle i.e. Nano Car of complainant. Accordingly the FIR u/s 506/509 IPC was registered against the accused.

CHARGE

2. Prima facie case of commission of offences under Section 506 (II)/509/427 IPC was made out against accused. Charge u/s 506 (II)/509/427 IPC was framed upon the accused on 23.07.2014 wherein he pleaded not guilty and claimed trial.

FIR No. 254/13, PS Mehrauli 2 of 12 State v. Ravi Narayan Samal EVIDENCE LED BY THE PROSECUTION

3. The prosecution has examined six witnesses.



                               PROSECUTION WITNESS

          PW1                    Poonam Negi                      Complainant
          PW2                  Rajesh Singh Negi            Brother of complainant
         PW3                       SI Arvind                  Initial IO of the case
         PW4                   HC Rakesh Kumar                    Duty Officer
          PW5                  HC Santosh Kumar                  Assisted the IO
          PW6                  HC Ashok Kumar               2nd IO of the present case

Section 506 IPC defines punishment for criminal intimidation­­Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 509 IPC defines as Word, Gesture or act intended to insult the modesty of a woman:­ Whoever, intending to insult FIR No. 254/13, PS Mehrauli 8 of 12 State v. Ravi Narayan Samal the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

(g) As far as offence u/s 509 IPC is concerned, the testimony of the complainant is unambiguous as she has clearly stated that the accused used offensive language and hurled abuses at her and the said testimony is corroborated by PW2 Rajesh Negi. This court is of the view that prosecution has been able to prove the guilt of the accused for offence u/s 509 IPC.

19. For the reasons mentioned above, this court acquits the accused for offences u/s 427/506­II IPC as the prosecution has failed to prove the guilt of the accused beyond doubt. However, this FIR No. 254/13, PS Mehrauli 11 of 12 State v. Ravi Narayan Samal court convicts the accused Ravi Narayan Samal for offence u/s 509 IPC.