VIRENDER KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present revision petition under Sec. 428 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter 'BNSS'] has been preferred on behalf of the petitioners, seeking setting aside of the impugned judgment dtd. 21/8/2024 passed by the learned Additional Sessions Judge-05, Central District, Tis Hazari Courts, Delhi [hereafter 'Appellate Court'] in Criminal Appeal No. 49/2023, whereby the learned Appellate Court had upheld the judgment dtd. 17/11/2022 and the order on sentence dtd. 21/1/2023 passed by the learned Metropolitan Magistrate-07, Central, Tis Hazari Courts, Delhi [hereafter 'Trial Court'] in CNR No. DLCT02-000329-2006, arising out of FIR No. 373/2004, dtd. 4/8/2004, registered at Police Station Kashmere Gate, Delhi, for offences punishable under Ss. 186/353/332/506/34 of the Indian Penal Code, 1860 [hereafter 'IPC'].

(2.) The prosecution's case is that on 4/8/2004, Constable Mahesh Kumar (the complainant/ victim), posted in the Civil Lines Circle of the Traffic Unit, was on official duty at Pul Dafrin along with Head Constable Gajender Kumar, from 8:00 AM to 8:00 PM. At around 6:00 PM, while they were proceeding towards Pul Dafrin, Khanna Market, to clear traffic jam, they had noticed two tempos, bearing registration numbers DL1LE5059 and DL1LE7119, wrongly parked on the road, obstructing the free flow of traffic. Constable Mahesh Kumar had inquired about the reason for the unlawful parking and had attempted to remove the vehicles from the spot. In the meantime, two persons had arrived at the spot and had claimed to be the owners of the said tempos. When they were directed to remove them, the said persons had refused to comply with the directions of Constable Mahesh Kumar. Consequently, a traffic crane had been called to tow the vehicles. As soon as the traffic helper Sanjay had attempted to hook one of the tempos, another individual, claiming to be the owner of one of the vehicles, had joined the two men already present at the spot. The three men, later identified and arrested i.e. Virender Kumar Shukla (petitioner no. 1), Devender Kumar Shukla (petitioner no. 2) and Jitender Kumar (petitioner no. 3), had then caught Constable Mahesh Kumar by the collar, physically assaulted him, and tore his uniform. They had also threatened to abduct and abandon him at an unknown location. Furthermore, they had also attacked the crane helper Sanjay.

(3.) Upon completion of the investigation, the charge-sheet was filed before the learned Trial Court, along with a complaint under Sec. 195 of the Cr.P.C. Charges were framed against the accused persons. During the course of the trial, the prosecution had examined 10 witnesses. Subsequently, the statements of the accused persons were recorded under Sec. 313 of the Cr.P.C., wherein they denied the allegations and, in their defence, examined 04 defence witnesses.