Professional Documents
Culture Documents
Saib Hasan Arfi Vs. Mohd. Qasim /0 (Jamia Nagar)
13.03.2020
Present: Complainant in person.
Proxy Counsel Sh. Mohd. Shahabaz for both the accused
alongwith both accused in person.
Matter is at the stage of final arguments.
Perusal shows that one application u/s 311 Cr.P.C. moved by
complainant for recalling CW 2/ Mohd. Mukhtar Alam and allowing him to
cross examine CW2 is pending for consideration. Arguments on the said
application heard. Record perused.
It is submitted by the complainant that in his presummoning
evidence recorded on 19.01.2013, CW/ Mohd. Mukhtar Alam had stated that
he can identify the persons who had beaten the complainant, whereas during
his post notice evidence recorded on 19.12.2019, it was stated by CW/
Mohd. Mukhtar Alam that he had not seen the incident and had only seen
the complainant standing outside his house and that it is evident that CW/
Mohd. Mukhtar Alam had been won over by the accused persons. However, I
do not find much merit in the present application. Even during his pre
summoning evidence dated 19.01.2013, it was stated by CW /Mohd.
Mukhtar Alam that he saw that some persons had gathered outside the
residence of the complainant and that he was told by the complainant that
two of the said persons who were present at the spot had beaten him. Thus,
even in his evidence dated 19.01.2013, it was admitted by CW/ Mohd.
Mukhtar Alam that he was told about the incident by the complainant.
Perusal of his evidence dated 19.01.2013 shows that he was not an
Ct Cases 98/1b/2014 621101/2016
Saib Hasan Arfi Vs. Mohd. Qasim /0 (Jamia Nagar)
2
eyewitness to the incident in question and was not present when
complainant was allegedly beaten and even identities of two persons who
had allegedly beaten the complainant were disclosed to him by the
complainant himself. Hence, their does not seem to be any contradiction in
the testimony of CW/ Mohd. Mukhtar Alam recorded on 19.01.2013 and that
recorded on 19.12.2019. Hence, application u/s 311 Cr.P.C. moved by the
complainant for summoning CW/ Mohd. Mukhtar Alam and allowing the
complainant to cross examine him is hereby dismissed. Application
stands disposed off accordingly.
Final arguments addressed by the complainant.
Adjournment sought by the accused persons on the ground that
their main counsel is not available today. This is no ground for adjournment.
Hence, opportunity of accused persons to address final arguments is hereby
closed. Accused persons are at liberty to file written submissions, if any,
within 5 working days from today.
Put up for judgment on 26.03.2020 at 12 pm.
(Rajat Goyal)
MM08 (SE): Saket Courts
New Delhi: 13.03.2020