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2024 Supreme(Online)(DEL) 11007

HIGH COURT OF DELHI
HON'BLE MR. JUSTICE SURESH KUMAR KAIT, HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA, JJ
STATE – Appellant
Versus
AFROZ @ SHARIB & ANR. – Respondent


Advocates:
Mr. Tarang Srivastava, Addl. Public Prosecutor for State, Mr. Manish Kumar Singh, Ms. Nusrat Hossain, Ms. Tanya Nayyar, Mr. D. Pal Singh, Mr. Shahbaz Singh, Mr. Anuj Kapoor, Ms. Anesh Dahiya

JUDGEMENT

SURESH KUMAR KAIT, J

1. The above captioned first appeal being Crl.A.273/2014 has been filed by the appellant-State under Section 378 (1) of Cr.P.C . against the impugned judgment and order dated 13.07.2012 passed by learned Court of Sessions in FIR No.310/2009, for the offences punishable under Sections 324/326/307/34 IPC , registered at Police Station Jamia Nagar, Delhi.

2. Vide above captioned second appeal being Crl.A.251/2019, the appellants-victims have also challenged the impugned judgment and order dated 13.07.2012 passed by learned Court of Sessions in the afore-noted FIR No.310/2009.

3. The facts, as enumerated in these appeals are, that on 14.10.2009 while victim/appellant No.1 along with her sister victim/appellant No.2 was returning home on a rickshaw from the Beauty Parlour where they worked, situated at Shop No.16, Gali No.8 at Gaffar Manzil, and as their rickshaw reached near Akhtar Manzil, they saw two persons sitting on blue coloured motorcycle. One of them, was aged about 30-35 years and was wearing white coloured shirt, blue jeans, Himesh Reshammiya type cap and the other person sitting on the pillion seat, was aged about 40 years and was wearing a

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