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2019 Supreme(Del) 2556

SIDDHARTH MRIDUL, I.S.MEHTA
State – Appellant
Versus
Amar Pal – Respondent


Advocates Appeared:
For the Appellant :Ashish Dutta, APP and Vikram Singh, Inspector (Advocate)
For the Respondents:Kedar Yadav, Harkaran Singh and Sanjeev Kumar Baisoya, Advocates

JUDGMENT

Siddharth Mridul, J.

1. The State having been granted leave to appeal in CRL.L.P.304/2012 vide order dated 09.10.2013, assails the impugned judgment dated 18.07.2011, rendered by the learned Additional Sessions Judge-01, Designated Judge : TADA/POTA/MCOCA, Saket Courts, New Delhi in Sessions Case No. 13/09, titled as 'State v. Amar Pal' arising out of FIR No. 560/08, Police Station- Sangam Vihar, whereby the solitary accused (hereinafter referred to as the 'respondent'), was acquitted qua the commission of offences punishable under Sections 376/506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

2. It is the case of the prosecution that on a report, at about 12:05 AM, on the night intervening 8/9.10.2008 -- recorded by S-50 through wireless set - an information of a quarrel at C-10, Lal Kuan was received, which was registered as DD No. 38 (Ex. PW. 7/A) at Police Post Pul Prahladpur Police Station- Sangam Vihar; and on the basis of which FIR No. 560/2008 dated 09.10.2008, under Sections 376/506 IPC was subsequently registered at the Police Station Sangam Vihar.

3. Head Constable Prahlad Singh PW-12 testified that on 09.10.2008, when he was posted at Police Po

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