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1. It is the case of prosecution that on 22.04.2024 at about 7.15 pm near RGB Park side, Raghubir Nagar, Khyala Delhi, accused Manjeet Singh had advertised one flex board " Banty Motorwala" on electricity pole and had defaced the said property. Thus, prosecution has set up a case under Section 3 of Delhi Prevention of Defacement of Property Act, 2007 ("DPDP Act", hereinafter) against him.

2. On the basis of investigation carried out by police, charge sheet was filed and copy of the same was supplied to accused. On the basis of charge sheet, notice for committing offence punishable under Section 3 of Delhi Prevention of Defacement of Property Act was served upon him to which he pleaded not guilty and claimed trial.

3. In order to prove its case, the prosecution has examined one witness, who is as under:

Sr.No Name of Prosecution Nature of Evidence Witness

1. HC Sandeep Kumar Complainant / IO CC No. 8540/2024 PS Khyala U/s 3 DPDP Act Page- 2 of 11 CNR NO.DLWT02-019521-2024

4. Prosecution has relied upon the following documents:

S. no. Exhibits                           Documents
     1.    Ex.PW1/A                       Seizure memo
     2.    Ex.PW1/B                       Photographs
     3.    Ex.PW1/C                       Rukka / Tehrir
     4.    Ex.PW1/D                       Site plan
     5.    Ex. PW 1/E                     Arrest memo
     6.    Ex.A-1                         DD No. 111A dated 22.04.2024
     7.    Ex.A-2 & A-3                   Copy of FIR & Certificate
                                          U/Sec.65B Indian Evidence Act
     8.    Ex.A-4                         Statement of Ct. Rinku dated
                                          22.04.2024

5. Statement of accused under Section 313 Cr.PC was recorded wherein he stated that he had been falsely implicated in the present case.

6. The evidence of prosecution witnesses in the present case is discussed hereunder:

PW-1 HC Sandeep Kumar has deposed that he was on patrolling duty along with Ct. Rinku on 22.04.2024. When they reached near RGB Park side, Raghubir Nagar, Khyala at about 7.15 pm, they saw a flex board was affixed on government electricity pole. He took photographs of the CC No. 8540/2024 PS Khyala U/s 3 DPDP Act Page- 3 of 11 CNR NO.DLWT02-019521-2024 board and seized it vide seizure memo. This witness prepared tehrir and FIR was got registered through Ct. Rinku. After registration of FIR, he prepared site plan, seizure memo and arrest memo of accused. He correctly identified the case property produced in court and accused present in court.

(c) To bring home the charge under Section 3 of Delhi Prevention of Defacement of Property Act, 2007 the prosecution is required to prove beyond reasonable doubt, the following components:-

(i) The accused has defaced (impairing/interfering with the appearance) a public property;

(ii) Such property must be in public view;

CC No. 8540/2024 PS Khyala U/s 3 DPDP Act Page- 4 of 11 CNR NO.DLWT02-019521-2024

(iii) Such defacement is by writing/marking with ink, chalk, paint or any other material; and