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1. In the present case, the accused has been facing the trial for the offence punishable under Section 3 of the Delhi Prevention of Defacement of Property Act, 2007 (herein after referred the 3 the DPDP Act). Brief facts of the case, as per prosecution, are that on 29.01.2020, complainant HC Shiv Singh was on patrolling duty in the area along with Constable Sarvesh. At about 08:40 p.m., they reached at M. B. Road, near DDA Park, Lal Kuan, Bus Stop Pul Prahlad Pur, New Delhi where they saw two boards hanging on an electricity pole containing the words "FDA ISO 9001:2015 Certified A Computer Institute Basic Computer Tally with GST Advance Excel Graphic Designing Digital Marketing Spoken English 9999196162 Kalkaji Branch". Thereafter, HC Shiv Singh took photographs of the board and removed them with the help of Constable Sarvesh. Thereafter, HC Shiv Singh prepared Tehrir and handed over the same to Constable Sarvesh for getting the FIR registered at the PS. After registration of the FIR, Constable Sarvesh returned to the spot and handed copy of FIR and original FIR No. 38/2020, PS : Pul Prahlad Pur State Vs Jitender Kumar Singh rukka to HC Shiv Singh. Investigation of the case was marked to HC Shiv Singh. Thereafter, efforts were made to trace out the accused person. Thereafter, they returned to the PS and deposited the case property in the Malkhana of the PS. Thereafter, IO recorded the statement of the witness u/s 161 Cr.P.C. Thereafter, during the course of investigation, IO and Constable Sarvesh went to the address of the accused where they met accused and IO served notice u/s 161 Cr.P.C. upon the accused. Thereafter, IO informed the accused about the commission of the offence and accused admitted his guilt. After completion of investigation the chargesheet was filed in the Court.

4. Constable Sarvesh Kumar was examined as PW1. He would depose that on 29.01.2020, he was posted as Constable at PS Pul Prahlad Pur and on that day, he was on patrolling duty alongwith HC Shiv Singh. While patrolling, when they reached near DDA Park, Lal Kuan Bus Stop, Pul Prahlad Pur, they noticed two flex boards hanging on a pole containing the words "FDA ISO 9001:2015 certified computer institute basic computer tally with GST advance Excel Graphic Designing Digital Marketing Spoken English 9999196162 Kalkaji Branch". Thereafter, the IO captured the photographs of the board. Thereafter, they got the flex boards removed from the pole. Thereafter, IO prepared tehrir / rukka and handed over to him for registration of the FIR. After registration of the FIR, he returned back to the spot and handed over the copy of the FIR to the IO. Thereafter, IO prepared the site plan and seizure memo Ex.PW1/A and Ex.PW1/B respectively. Thereafter, during the course of investigation, on 31.01.2020, accused Jitender was FIR No. 38/2020, PS : Pul Prahlad Pur State Vs Jitender Kumar Singh formally arrested vide arrest memo Ex.PW1/C. IO also recorded his disclosure statement of the accused Ex.PW1/D. He identified the case property in the Court. Photographs of the case property are Ex.P-2 (colly).

5. Complainant/IO HC Shiv Singh was examined by the prosecution as PW2. He would depose that on 29.01.2020, he was posted as Head Constable at PS Pul Prahlad Pur. On that day, he was on patrolling duty alongwith Constable Sarvesh Kumar. During patrolling duty, when they reached near DDA Park, Lal Kuan Bus Stop, Pul Prahlad Pur, they noticed two flex boards hanging on the electricity pole containing the words "FDA ISO 9001:2015 certified computer institute basic computer tally with GST advance Excel Graphic Designing Digital Marketing Spoken English 9999196162 Kalkaji Branch". Thereafter, he took the photographs of the board using his mobile phone. Thereafter, he got the flex boards removed from the pole with the help of Const. Sarvesh Kumar. Thereafter, he prepared tehrir / rukka Ex.PW2/A and handed over the same to Constable Sarvesh Kumar for registration of the FIR. After registration of the FIR, Constable Sarvesh returned back to the spot and handed over the copy of the FIR to him. The investigation of the FIR No. 38/2020, PS : Pul Prahlad Pur State Vs Jitender Kumar Singh case was marked to him. Thereafter, he prepared the site plan and seizure memo in the presence of Constable Sarvesh Kumar. Thereafter, on 31.01.2020, accused Jitender was formally arrested by him vide arrest memo. He also recorded the disclosure statement of the accused. He also obtained bail bond of the accused Ex.PW2/B. After completion of investigation, he filed the charge-sheet in the Court for further proceedings. He correctly identified the case property in the Court.