* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 5^th March, 2025 + CRL.L.P. 399/2017 & CRL.M.A. 11454/2017 STATE .....Petitioner Through: Ms. Priyanka Dalal, APP for the State along with SI Anil versus DANISH & ORS .....Respondents Through: Respondents appeared in person.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The present criminal leave petition under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023] has been filed on behalf of the appellant/petitioner seeking leave to appeal against the judgment dated 6^th December, 2016 (hereinafter “impugned judgment”) passed by the Additional Sessions Judge, Karkardooma Courts, Delhi (hereinafter “ASJ”) vide which the respondents have been acquitted for the offences punishable under 365, 395, 397 and 412 of the Indian Penal Code, 1860 (hereinafter “IPC”) registered at Police Station – Seemapuri, Delhi.

2. The brief facts that led to the filing of the instant petition are as Signature Not Verified Digitally Signed CRL.L.P. 399/2017 Page 1 of 13 follows:

a. On 29^th October, 2012 at 6:17 AM, Police Station – Seemapuri, Delhi received information that two persons had assaulted a victim, snatched his wallet containing an ATM card, driving license and cash, and damaged the vehicle.

b. The victim/complainant, Rajpal Singh, a driver for IBN7, was found injured near a CNG pump and was sent for medical treatment at GTB Hospital.

c. Upon regaining consciousness, the complainant reported that on 28^th October, 2012, at 11:30 PM, while having dinner at a roadside eatery, four unknown men asked him to take them towards Seemapuri. Upon reluctance by the victim, the unknown men threatened him with a katta, robbed him and assaulted him until he lost consciousness.

d. The complainant later discovered himself tied up inside the vehicle’s trunk near a fuel station, where a passerby helped him. Based on the statement of the complainant, FIR No. 442/2012 was registered for the offences punishable under Sections 365, 395, 397 and 34 of the IPC.

e. The accused Danish, Laxman, Rahul, Rajkumar and Amit were arrested on various dates between October and December, 2012 and some stolen articles such as wallet, ATM card, driving license were allegedly recovered at the instance of accused persons.

f. The prosecution examined 19 witnesses to establish the charges. The learned Sessions Court acquitted all accused vide the impugned judgment dated 6^th December, 2016, holding that the prosecution Signature Not Verified Digitally Signed CRL.L.P. 399/2017 Page 2 of 13 failed to establish guilt beyond reasonable doubt noting various investigating lapses, contradictions in police witness testimonies, lack of independent witnesses and inconclusive forensic evidence.

g. Aggrieved by the impugned judgment, the petitioner has filed the present leave to appeal.

3. Ms. Dalal, learned APP appearing on behalf of the petitioner submitted that the impugned judgment passed by the learned Trial Court is erroneous and unsustainable in the eyes of law. The findings recorded therein suffer from misappropriation of evidence and legal infirmities and therefore, the said judgment is liable to be set aside.

4. It is submitted that the impugned judgment is based on presumptions, conjectures and surmises, rather than a proper appreciation of evidence. As such, it cannot withstand the scrutiny of law and is liable to be set aside.

5. It is submitted that the learned Trial Court failed to appreciate that all the prosecution witnesses had fully supported the prosecution’s case, establishing the guilt of the accused beyond reasonable doubt. The erroneous rejection of credible testimony has resulted in miscarriage of justice.

6. It is submitted that the learned Trial Court has erred in not considering that there were no material contradictions in the statements of the prosecution witnesses that could damage the root of the case.