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1. Vide this judgment; I shall decide the final outcome in the FIR No. 87/2019, registered at Police Station, Paharganj, wherein alleging the commission of the offences punishable under section 342/384/386/506/509/34 of The Indian Penal Code, 1860 (shall be referred to as 'IPC' in short) against accused persons, present FIR was registered.

PROSECUTION CASE

2. The prosecution case in brief is, that from 08.10.2018 to 29.12.2018 at house no. 2860, First Floor, Gali no.5, Chuna Mandi, Paharganj, falling within the jurisdiction of PS: Paharganj, the accused persons in furtherance of their common intention wrongfully confined the complainant namely Pardeep Kumar and three other couples. Further, the accused persons had put them in the fear of grievous hurt by dog bite and beatings. The accused persons had dishonestly induced the complainant to deliver money to them and had criminally intimidated the complainant and abused the complainant's female friend and other victims. Thus, on the basis of the above allegations, the present FIR bearing No. 87/2019 was registered at police station Paharganj.

3. Upon completion of investigation, charge-sheet was filed in the Court on 17.07.2019, against the accused persons for PS Pahar Ganj the alleged commission of the offence punishable under section 342/384/386/506/509/34 IPC. Six witnesses were cited to be examined to prove its case by the prosecution. Thereafter, cognizance of offence was taken and due compliance of Section 207 of Cr.PC was done.

NOTICE

4. On 09.10.2019, charge was framed against the accused persons for the alleged commission of the offence punishable under section 342/386/506 Part (1)/509/34 IPC, to which they pleaded not guilty and claimed to be tried. Therefore, further proceedings were carried out to record the evidence of prosecution.

5. It is pertinent to mention, that proceedings against accused Rajesh Malhotra already stands abated vide order dated 16.01.2023.

PS Pahar Ganj

23. Thus, to bring home the guilt under section 342 IPC, prosecution had to prove the following ingredients; a. The accused persons voluntarily obstructed the complainant from proceeding in any direction in which the complainant intended to proceed.

24.Another offence for which the accused persons have been charged is U/s 386 IPC.

"386. Extortion by putting a person in fear of death or grievous hurt. - Whoever commits extortion by putting any person in fear of death or of grievous to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."