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2019 Supreme(Del) 1527

R.K.GAUBA
Saurabh – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates Appeared:
For the Appellants :Ajay Verma, Nikhil Anand, Katyayini, Advocates
For the Respondent: Kewal Singh Ahuja, APP.

JUDGMENT :

1. The two appellants before this court have been described as residents of jhuggies (hutments) located in the compound of office of Delhi Jal Board in the locality called Kishangarh in Vasant Kunj area of New Delhi. They were concededly arrested on 20.03.2017 during the course of investigation into first information report (FIR) No.124/2017, dated 19.03.2017 of Police Station Vasant Kunj (North). They were brought to trial in the court of Additional Sessions Judge (ASJ) in Sessions case No.175/2017 on the basis of report (charge sheet) dated 03.05.2017 under section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted by the Station House Officer of the Police Station through Assistant Commissioner of Police of the sub-division.

2. The trial was held on the charge for offences punishable under section 366 read with section 34 of Indian Penal Code, 1860 (IPC), sections 376(2)(l), 376-D IPC and 323/506 read with section 34 IPC. The ASJ presiding over the trial, by her judgment dated 14.02.2019, found the appellants guilty on charge for offences under sections 323/366 read with section 34 IPC and also under sections 376(2)(l) and 376-D IPC, they having been acquit

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