Public servants' protection under IPC is upheld when obstructed in official duty.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Appeal under Section 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 dated 07.10.2017 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 Section 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 17.04.2015 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 Section 186 /353/332/34 IPC were framed against the Respondent, who pleaded not guilty.

4. The Prosecution in support of its case, examined 13 witnesses in all. PW-1, HC Ashwani Kumar, the Duty Officer deposed that he made his endorsement/prepared a rukka Ex.PW-1/B on the Complaint received from the Complainant and FIR Ex.PW-1/C was registered. Copies of DD No. 23A & 25A dated 17.04.2015, Police Station North Rohini, were proved as Ex.PW-1/D and Ex.PW-1/E.

5. PW-2, Tasvir Singh, father of the Respondent, produced the Scooty, before the Investigating Officer, which was seized and thereafter, released on superdari vide Superdarinama, Ex.PW-2/A. The Scooty was identified as P-1 in the Photograph Ex.PW-2/B.

6. PW-3, Dr. Deepti Bhalla proved the MLC of Rohtash Singh as Ex.PW-3/A. PW-4, Retired ACP Ramesh Chander proved his Complaint under Section 195 of Cr.PC as Ex.PW-4/A.

7. PW-11, Head Constable Rohtash is the Complainant, who has deposed about the entire incident.

8. His testimony is corroborated by PW-6, Inspector Praveen Kumar, who was on patrolling duty in the area when he reached the scene of incident and found the Respondent along with another boy scuffling with Head Constable, Rohtash.

9. PW-7, HC Ashok had accompanied the Investigating Officer during the investigations and had got the FIR registered.

10. PW-8, DHG Ct. Kuldip Singh, and PW-9, Ct. Prithvi, who were on duty with Head Constable Rohtash, who were the eye witnesses, have deposed about the incident.

11. PW-10 SI K.P. Singh was the Investigating Officer, who conducted the investigations and thereafter, filed the Charge-Sheet in the Court.

12. PW-12, Dr. Amit Prakash proved the signatures of Dr. Neha on the MLC regarding the nature of injuries.

13. The Statement of the Accused was recorded under Section 313 Cr.P.C. wherein all the incriminating evidence was put to him, which he denied. He claimed that he was innocent and he and his brother had been falsely implicated. According to him, Head Constable Rohtash had taken money from him and when his mother protested, he got him implicated falsely in this case.

14. Learned ASJ in his