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1. In brief, the accused has been sent to face trial upon the allegations that on 02.08.2005 at about 06:00 PM, In- front of Shop No. 885, Old Lajpat Rai Market, Delhi State Vs. Sachin Bhalla PS Kotwali within the jurisdiction of Police Station Kotwali, accused alongwith Co-accused Ravi Kumar (PO) were found in possession and selling of CDs which were obscene films as per seizure memo mark X1 and X2 and on 21.09.2012, accused failed to appear before this court in case FIR No. 337/05, PS Kotwali titled as State Vs. Sachin Bhalla and was declared proclaimed person vide order dated 21.09.2012 and thereby committed an offence punishable U/s 292 and 174A of Indian Penal Code, 1860 (hereinafter called as IPC).
2. After completion of an investigation, a charge sheet was filed against the accused on 18.05.2006. Cognizance of the offence was taken. Copy of charge sheet and annexed documents were supplied to accused under section 207 (The Code of Criminal Procedure, 1973 hereinafter called as CrPC). Charge under section 292, 174A IPC was framed against the accused to which he pleaded not guilty and claimed trial.
3. The prosecution examined nine (09) witnesses to substantiate allegations against the accused person.
9. PW-4 SI Suresh Kumar has deposed in his examination-in-chief that the main charge-sheet had already been filed in the present case against the accused persons by the IO/SI Dharam Pal. Accused was declared PO on 21.09.2012 in the present case and was arrested by HC Om Prakash Dagar on 06.03.2023 vide DD No. 42A PS Maurice Nagar and he filed the kalandara u/S 41.1 (c) Cr.P.C. and produced the accused before the concerned court. Thereafter, as per the directions of concerned SHO, he collected the photocopy of relevant documents from HC Om Prakash Dagar and he filed the supplementary chargesheet u/s 174A IPC against accused before the concerned court.
ARGUMENTS
23. During final arguments, it was argued by Ld. APP for the State that the case against the accused stood proved in view of the evidence led by the prosecution. Accordingly, he argued that accused deserved to be convicted for the offence u/s 174A IPC.
24. In order to ensure convenient appraisal of evidence, the following points of determination has been framed.
I. Whether the accused Sachin Bhalla on 02.08.2005, at about 06.00 pm, In front of Shop No.885, Old Lajpat Rai Market, Delhi, was found in possession as well as selling CDs containing obscene films.