JAI PARKASH Vs. SATISH AND OTHERS

JUDGEMENT

(1.) Prayer in this revision petition is for setting aside the judgment of acquittal dated 11.03.2014 passed by the trial Court in FIR No.462 dated 09.06.2006 under Sections 420, 467, 468, 471, 506 of the Indian Penal Code (for short 'IPC'), Police Station City Gurgaon as well as the judgment dated 18.05.2016 passed by the lower appellate Court, dismissing the appeal filed by the State.

(2.) Brief facts of the case are that complainant Jai Parkash got recorded the FIR and made a statement that he had taken phone No.3293486 from Reliance Company, at his house and on the same, calls were received from Mobile Nos.9811840346, 9313990665 & 9868484811, from which accused persons Parmod, Sharda and Rakesh @ Tillu had made calls in March, 2006 and the same were attended to by him and his wife. The accused persons have used abusive language and threatened his family. He could recognize the voice of accused persons, as he was known to them individually. On inquiry made by him, Mobile No.9811830346 was issued in his name and his address was shown of Rajiv Nagar, Gurgaon, where he never lived and never applied for this number and the same was obtained in collusion with telephone agent, by forging some documents and his signatures. Thereafter, the complainant inquired about Mobile No.9313990665, being used by accused Satish, which has been issued in the name of R/Arora, Sector-4, Gurgaon in August, 2003, whereas said R/Arora expired in March, 2003. The complainant has also inquired about Mobile No.9868484811, which was being used by Rakesh @ Tillu and the same was found to be issued in the name of one Dayal Singh, DRDO Camp, Delhi Cantt, pankha Road. Thus, all the accused persons had obtained the mobile numbers illegally and had caused damage to the complainant economically and socially and on basis of the same, aforesaid FIR was registered against the accused persons.

(3.) After completion of the investigation, the police submitted the report under Section 173 Cr.P.C. and thereafter, the trial Court framed charge under Sections 420, 467, 468, 471, 506 IPC. The prosecution, in support of its evidence, examined 10 witnesses and the evidence was closed by the Court order on 16.10.2013. The trial Court, thereafter, recorded statement of the accused under Section 313 Cr.P.C., in which the accused denied the incriminating evidence against them and pleaded false implication. The accused persons in their defence also led some evidence.