STATE GOVT OF NCT OF DELHI Vs. ARVIND

JUDGEMENT

(1.) Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.PC") has been filed on behalf of the Appellant/State against the Judgment and Order dtd. 7/10/2017 vide which the Respondent has been acquitted by the learned ASJ-03, North West: Rohini Courts, New Delhi in Case FIR No. 332/2015 under Sec. 186/353/332/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") registered at Police Station North Rohini.

(2.) The case of the Prosecution is that the Head Constable Rohtash gave a Complaint that on 17/4/2015 at about 02:45 p.m., he along with the Constable Kuldeep, as well as, the QRT Staff, was present on duty on the anti-snatching picket near Parashuram Park, Sector-6, Rohini. At about 02:30 p.m., as they started the checking, one Scooty No. DL 11SH-8022 on which two boys were travelling without helmet at a high speed, came from the direction of Sector-5, Rohini. Head Constable Rohtash gave a signal to the Scooty to stop but they ignored the signal and tried to run away. Constable Prithvi of QRT staff pushed the barricade in their way and stopped the two boys, which irritated them, who started talking intemperately with the Head Constable. He and the other staff, demanded the documents pertaining to the Scooty, which they denied to show but started "hatha-pai". They gave him beatings and tore his uniform. In the interim, the SHO also arrived for checking despite which those two boys did not stop. The SHO with great difficulty got him separated and those two persons were apprehended.

(3.) On enquiry, their names were disclosed as Satender and Arvind. On the Statement of HC Rohtash, the FIR No. 332/2015 was registered. After investigations, the Charge-Sheet was filed in the Court. The Charges under Sec. 186/353/332/34 IPC were framed against the Respondent, who pleaded not guilty.