SHIV KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant is aggrieved by the judgment dated 28.03.2009 passed by the learned ASJ in a case arising out of FIR No.777/2003 lodged under Section 308 IPC at Police Station: Ashok Vihar, convicting him under Sections 325/34 IPC and the order on sentence dated 31.03.2009, sentencing the appellant to undergo rigorous imprisonment for a period of one year and pay a fine of Rs. 5,000/-, in default thereof, to undergo simple imprisonment for three months.

(2.) Before considering the arguments advanced by both sides, the brief facts of the case are being recapitulated hereinbelow.

(3.) On 29.12.2003 at about 9:30 AM, the complainant, Shri Naresh duly accompanied by his sister, Pushpa were going from Jailorwala Bagh to Ashok Vihar. On the way, the appellant herein, a resident of Lal Bagh had passed some lewd remarks against the complainant's sister. When the complainant objected, the appellant blew a whistle and immediately, 2-3 persons had arrived there holding dandas and started beating the complainant due to which he had sustained injuries on his head, hand, foot and other parts of the body. The complainant's sister accompanied him to the police station and a DD entry was prepared at 10:46 PM (Ex.PW8/B), whereafter Ct.Ugrasen (PW-6) took the complainant in a PCR van to BJRM Hospital for undergoing the MLC. As per the prosecution, the appellant could not be arrested and he was declared a proclaimed offender by the trial court vide order dated 09.06.2006. Subsequently, he was arrested on the information of a secret informer. The charge-sheet came to be filed on 18.03.2008 under Section 308 IPC. Charges were framed on 03.11.2008 and the appellant was charged for the offence under Sections 308/34 IPC, to which he had pleaded not guilty.