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Showing contexts for: section 171 ipc in Fir No. 192 /2011, Ps : Ndrs State vs Pradeep Kumar on 30 August, 2019Matching Fragments
1. Mr. Pradeep Kumar, the accused herein, has been chargesheeted for committing offence punishable under Section 170/171, Indian Penal Code (45 of 1860) (hereinafter referred to as "IPC").
2. The case of the prosecution is that on 21.07.2011, complainant Sanjeev Kumar, the Anti Fraud Inspector, Indian Railways was present at Platform No. 1213 for checking alongwith Sh. Devender Nath Sharma (AFI) and Shiv Kumar Rana (AFI ). At about 5 p.m., they were present near the Central footover bridge. They noticed that the accused was wearing a tie of Maroon Colour on which IR was written, a white shirt and black pants. He was also carrying a diary with cover of Steel in the size of EFT (Excess Fare Table) Fare Table and one pen. On suspicion they inquired from him. He told that he was a TTE. They told him to show his Icard but he failed to show any Icard. Thereafter he was taken to Police. On FIR No. 192 /2011, PS : NDRS State Vs Pradeep Kumar the basis of the complaint present FIR was registered. After completion of investigation 'final report' was filed by the Investigation Officer (IO) in the Court and the accused was chargesheeted for the offences punishable under Section 170/171, the Indian Penal Code.
3. After perusing the record, cognizance was taken by the Ld. Predecessor of the Court. The accused was in J/C. Compliance of Section 207, Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.) was done. After hearing the parties, charge for the offence punishable under Section 171 IPC was framed against the accused. The charge was read over to him to which he pleaded not guilty and claimed trial. The matter was fixed for prosecution evidence.
4. PW1 Devender Nath Sharma, PW2 Sanjeev Kumar, PW3 Sanjeev Kumar Rana and PW4 HC Ashok Kumar were examined, crossexamined and discharged. PW5 SI Ashok Kumar was examined. His cross examination was deferred. Thereafter, the accused stopped appearing in the Court. Vide order dated 08.05.2018, he was declared absconder. He was later on apprehended, arrested and produced in the Court. Vide order dated FIR No. 192 /2011, PS : NDRS State Vs Pradeep Kumar 06.06.2019 additional charge of the offence punishable under Section 174A IPC was framed against the accused. The accused pleaded not guilty and claimed trial.
21. The accused has been charged for committing offence punishable under Section 171 IPC. Section 171 IPC provides punishment for wearing garb or carrying token used by public servant. To prove the offence under Section 171 Cr.P.C., the prosecution has to prove the following ingredients.
1. That the accused did not belong to a certain class of public servants,
2. That he was wearing any garb or he was carrying any token resembling any garb or token used by that class of public servants,
24. The testimonies of the prosecution witnesses have proved beyond reasonable doubts that at the relevant time the accused was wearing a uniform which a TTE of FIR No. 192 /2011, PS : NDRS State Vs Pradeep Kumar Indian Railways wears during his official duty. The accused was at a railway station while wearing such an uniform. Not only that, when he was stopped by the complainant and his associates he had told them that he was a TTE in the Indian Railways. Thus, the material on record is sufficient to prove beyond reasonable doubts that the accused was wearing a garb resembling a garb used by TTEs. A TTE belongs to a class of public servants. The accused was not a TTE at the relevant time and therefore he was not a public servant. The testimonies of the witnesses have also proved beyond reasonable doubts that the accused had intention that it might be believed that he was a TTE with the Indian Railways. Hence, the prosecution has proved all the ingredients of offence punishable under Section 171 IPC against the accused beyond reasonable doubts.