The prosecution must establish guilt beyond a reasonable doubt, and the admissibility of evidence is subject to the provisions of the Evidence Act, particularly Section 27.

Sanjiv Khanna J.(Oral)

CRL.M.A.19607/2012 (delay of 300 days) in CRL.L.P. 567/2012

1. This is an application for condonation of delay of 300 days in filing of the leave to appeal against the judgment of acquittal. It is stated that the delay had occasioned due to administrative reasons as the file had been circulated and opinion of different officers had to be obtained.

2. The delay is substantial. Keeping in view the aforesaid facts but subject to payment of costs of Rs. 5,000/- to be paid to the Respondents by way of two cheques of Rs. 2,500/- each, the application for condonation of delay is allowed. Payment will be made within four weeks of receipt of this order by the appellant.

CRL.L.P. 567/2012

1. The present appeal is directed against the judgment dated 14.10.2011 relating to FIR No. 163/ 2010, Police Station New Friends Colony registered under Section 302/ 201/ 34 of the Indian Penal Code, 1860 (IPC for short). The said FIR relates to the homicidal deaths of Vimla and Hari Lal (at some places in the impugned judgment, the second deceased has also been mentioned as Hariom). Factually, it is an undisputed position that D.D. No. 8-A was recorded at about 08:25 a.m. on 10.07.2010 that in Block B, New Friends Colony, dead bodies of a girl and a boy were found lying in a park. Photographs of the crime scene as well as of the two bodies were taken but the identity of the deceased boy and the girl could not be ascertained and the dead bodies were sent to All India Institute of Medical Sciences (AIIMS) mortuary to be preserved. The said facts stand proved by PW-2 S.I. Hoti Lal who had reached the spot along with PW-15 Constable Jitender Kumar. PW-15 has deposed that he along with PW-2 reached the spot after receiving D.D. No. 8-A and found bodies of a male and a female in the park, one pair of gent’s shoes and single lady’s chappal were also located but no other incriminating material/ evidence was found in the park. PW-15 has further deposed that they had thoroughly examined the park. S.H.O. Sunil Kumar Singh and Inspector Jagbir Singh were also present. Number of public persons had gathered at the spot including some chowkidars but they could not identify the victims.

2. The FIR in the present case was recorded on 11.07.2010 at 12:40 a.m. at night, after a gap of more than 12 hours after the two dead bodies were recovered. The FIR does not mention the names of the deceased or any eye witness or any facts relating to commission of the crime. The FIR is silent in these regards, though it was recorded 12 hours after the police had inspected the place of the crime and had carried out further investigation.

3. As per the police version two SIM cards were recovered from the wallet of deceased Hari Lal. The Trial Court has however, disputed this position for various reasons set out in paragraphs 46 and 47 of the impugned judgment which read as under:-

“46. According to prosecution on receiving the information of lying of dead bodies at the spot, PW2 SI Hoti Lal alongwith PW15 Ct. Jitender Kumar reached spot and after some time SHO also reached the spot, recovered two SIM cards from back pocket of the pant of deceased Hari Lal and as per statement of PW2 SI Hoti Lal, crime team and photographers were called at the spot. Admittedly, there is no crime team report on record. PW21 Jagbir Singh (IO) had stated that he did not know whether crime team was called at the spot. The photographs of the spot including dead bodies and chappals, shoes etc. do not show whether any SIM cards etc., were also recovered from the dead body at that time. It is unexplained by the prosecution that when the SIM cards were recovered in the morning before the dead bodies were taken to hospital by PW2 and PW15, why the rukka was prepared at 11.55 p.m. in the night. Further even there is no mention of recoveries of SIM cards from the back pocket pant of deceased Hari Lal in rukka. 47. PW15 Ct. Jitender had not stated anything about recovery of these two SIM c