Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC No. 147/2023
State Vs. Ajay Kumar
FIR No. 399/2022
PS GTB Enclave
12.10.2023
Present: Sh. Sobit, Ld. Additional PP for the State.
Sh. B. P. Sharma and Sh. Ashish Gill Ld.
Counsel for accused.
Accused Ajay Kumar produced from JC.
Arguments on the point of charge heard.
1 The brief facts of the case as per prosecution
are that on 12.09.2022 on receiving a PCR call,
DD no. 53A was entered in PS GTB Enclave.
Police officials reached in Emergency of GTB
Hospital and found an injured lady. MLC was
not prepared. In the meanwhile, FIR was got
registered. FSL Rohini and crime team
reached the spot and collected samples/
evidence. Later on one guard namely Krishan
Pal told the police officials that he is the first
person who found the victim/injured lady. The
identity of the lady was got established through
his brother Manish Kumar. The injured lady
was Shiwani d/o Sh. Heera Lal. During
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investigation, police had gone through the
CCTV footage and found that victim Shivani
was lastly found along with one boy. From the
footage, Manish Kumar (brother of victim)
identified that boy as Ajay Kumar. Ajay Kumar
was interrogated and thereafter arrested. He
disclosed that Ajay Kumar and Manish Kumar
were friends. However, about 23 years back,
he took some pictures of cousin (girl) of Manish
Kumar and due to that reason Manish Kumar
along with 23 boys had beaten Ajay Kumar
and his father. He wanted to take revenge.
With that impression, he tried to develop
relationship with Shiwani d/o Heera Lal (Victim,
sister of Manish Kumar). Initially, She had not
given any chance to Ajay Kumar. Later on Ajay
Kumar came to know that Shiwani (victim) is
looking for some job. Ajay Kumar got the
mobile number of Shiwani (victim) from one of
common friend of Ajay Kumar and Shiwani.
Ajay Kumar called Shiwani on 11.09.2022 and
assured her to get a job and to meet her at gate
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no. 7 GTB Hospital on 12.09.2022.
2 On 12.09.2022, when he met Shiwani, he was
having a knife with him. He took her to a
secluded place in the hospital i.e. stairs (spot of
incident). Initially, he give injury on the neck of
the victim and thereafter gave cut injuries on
her wrists.
With this information, further investigation
was conducted and on the instance of accused
Ajay, weapon of offence i.e. knife was
recovered.
3 Shiwani was not able to properly speak. She
gave her statement in question/answer form on
01.11.2022.
4 After the completion of investigation, charge
sheet was filed. After committal by concerned
Ld. MM, the arguments on the point of charge
were heard.
5 I have gone through the record, submissions
forwarded by Ld. Additional PP for State and
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Ld. Counsel for accused.
6 From the perusal of the statement of
complainant/victim, medical report and other
documents, prima facie, there is sufficient
material to frame charge u/sec.307 IPC against
accused Ajay Kumar.
7 Charge framed accordingly to which accused
pleaded not guilty and claimed trial.
8 Put up for PE on 21.11.2023. Witness Krishan
Pal guard and doctor who examined the victim
be called for next date of hearing.
(Rakesh Pandit)
ASJ07/SHD/KKD Courts/Delhi
12.10.2023
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