Document Fragment View

Matching Fragments

I. Date of such order : 29.11.2022

1. BRIEF FACTUAL POSITION:-

1.1 This is the prosecution of accused Yogender Malik S/o Sh.

State Vs. Yogender Malik PS Kotwali Sultan Malik R/o H. No. D-1/25, Krishan Vihar, Sultanpuri, Delhi pursuant to the charge sheet filed by PS Kotwali for commission of offences punishable U/s 279/337/338 Indian Penal Code(hereinafter called as IPC), subsequent to the investigation carried out by them in FIR No.429/2016. 1.2 As per the prosecution, on 22.07.2016 at about 01.45 am, at Main Chowk, Shantivan Chowk, Red Light, Delhi, accused was driving an offending vehicle/car bearing no. DL-1ZZ-2784 in a rash and negligent manner so as to endanger human life and personal safety of others and had hit an offending car against TSR bearing NO. DL-1RM-2326 as a result caused grievous injury to the complainant Musraf Ali and simple injury to the driver of TSR namely Mohd. Tayab. Accordingly, after the investigation, police filed the present charge sheet against the accused for commission of offences punishable U/s 279/337/338 IPC.

2.3 The prosecution evidence was closed on 23.12.2019 and thereafter, PW-5 was recalled u/s 311 Cr.P.C for cross- examination. On 13.10.2019, the prosecution evidence was closed as accused vide separate statement wishes not to cross- examine PW-5.

3. COMPOUNDING OF OFFENCE U/S 338 IPC:

The complainant Mushraf and accused were referred to Mediation at their joint request by the order of Ld. Predecessor of the Court and they have agreed to compound the offence. In view of a separate statement of the complainant Mushraf, the offence punishable u/s 338 IPC was compounded with the complainant Mushraf vide order dated 28.02.2019.
(c) Section 338. Causing grievous hurt by act endangering life or personal safety of others:- Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term State Vs. Yogender Malik PS Kotwali which may extend to two years, or with fine which may extend to one thousand rupees, or with both 6.3 It is pertinent here to mention that the complainant has compounded the offence u/s 337/338 IPC as separate statements of the complainant were already on record. Further, the injured Mohd. Tayab was summoned several times, however he remained untraceable even after summons were issued to him through DCP concern. Vide order dated 29.05.2019 of the Ld. Predecessor of the court, witness/injured Mohd. Tayab was dropped from the list of witnesses. As no testimony of witness Mohd. Tayab came on record, there is no material on record produced by the prosecution to prove the simple injuries caused to the witness due to alleged rash and negligent act of the accused. In view of the above, as the offence u/s 337/338 IPC is compounded with the complainant Mushraf and injured Mohd. Tayab never appeared before the court, accused stands acquitted of offence punishable u/s 337/338 IPC.

7.3 In the case at hand, the prosecution has succeeded in establishing the identity of the accused as the driver of the offending vehicle, however there is no evidence on record to prove that the accused was driving in a rash and negligent State Vs. Yogender Malik PS Kotwali manner, except the bald statement made by PW-1. There are no photographs of the spot. The site plan is also vague and a mere formality.

7.4 In view of the above discussion and in light of settled legal position as per above-mentioned case laws in my opinion, the prosecution has failed to prove its case u/s 279 IPC against the accused. The prosecution has failed to prove that the accused was driving in a rash and negligent manner. Thus, he is entitled to be acquitted in the above said charge u/s 279 IPC. Accordingly, the accused Yogender Malik S/o Sh. Sultan Malik is acquitted under Section 279/337/338 Indian Penal Code.