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HIGH COURT OF DELHI
PURUSHAINDRA KUMAR KAURAV, J
STATE (NCT OF DELHI) – Appellant
Versus
RAJ KUMAR – Respondent
| Table of Content |
|---|
| 1. acquittal based on inadequate prosecution evidence (Para 1 , 2 , 3) |
| 2. prosecution shortcomings in proving offense (Para 4 , 5) |
| 3. witness reliability and contradictions affect case (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. appellate judiciary's review powers explained (Para 14 , 15) |
| 5. final decision to uphold lower court's acquittal (Para 16) |
JUDGEMENT
1. This appeal under Section 378 of the Code of Criminal Procedure , 1973 (In short “Cr.P.C.”) is directed against the judgment of acquittal dated 31.08.2015 passed by Metropolitan Magistrate, District North West, Rohini Courts, Delhi in connection with FIR No. 59/2008 at PS Vijay Vihar, Delhi for the offence punishable under Sections 279 /304A of the Indian Penal Code , 1860 (In short “IPC”).
2. The prosecution case in brief is that on 16.11.2008 one Sudhir Maan („Complainant‟) was present at his house. On that day at about 8 p.m. his friend namely Rakesh Dabas („deceased‟) and Dilbagh (PW-10) came to him at his house. Thereafter, they all proceeded to village Karala at the house of their friend. They were going to Karala on two motorcycles. The deceased was driving the motorcycle bearing registration No. DL-8SAH-5151 and Di
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