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2024 Supreme(Del) 972

IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN
Rajesh Kumar Gupta – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Mr. R.N. Sharma, Mr. Nikhil Mann, Mr. Shalabh Bhardwaj and Mr. Himanshu Solanki, Advs.
For the Respondent: Mr. Hemant Mehla, with SI Ashish Police Station Chanakya Puri.

Table of Content
1. conviction of petitioner for ipc offenses. (Para 2 , 5)
2. prosecution's evidence and witness testimony questioned. (Para 4 , 6 , 7 , 9 , 10)
3. standard of proof and reasonable doubt established. (Para 12 , 14 , 18 , 19)
4. necessity of corroborative evidence for negligence. (Para 20 , 21 , 23)
5. revision allowed; petitioner acquitted. (Para 24 , 25 , 26)

JUDGMENT :

VIKAS MAHAJAN, J.

1. The present revision petition has been filed by the petitioner under Section 397 of the Code of Criminal Procedure, 1973 seeking setting aside of the judgment dated 12.09.2019 passed by the Court of ASJ, Special Judge – NDPS, Patiala House Courts, New Delhi.

2. Vide impugned judgment the Learned ASJ dismissed the appeal preferred by the petitioner herein against the judgment dated 05.02.2018, whereby the Learned Metropolitan Magistrate convicted the appellant for commission of offence under Section 279 /304A IPC and vide subsequent order dated 31.05.2018 sentenced the appellant to undergo rigorous imprisonment for a period of three months with fine of Rs. 1,000/- for the offence under Section 279 IPC, in default to undergo simple imprisonment for a period of 10 days. For the offenc

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