$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19th February, 2025 + CRL.A. 78/2017 STATE OF NCT OF DELHI .....Appellant Through: Mr. Yudhvir Singh Chauhan, APP.

versus BEER SINGH & ORS .....Respondents Through: Mr. Vineet Jain and Mr. Rahul Dhir, Advocates for R-1 to 4.

SI Naresh Kumar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The present appeal is directed against the order of acquittal dated 7^th April, 2015 passed by Additional Sessions Judge, West District, Tis Hazari Courts, Delhi in the case emanating from FIR No. 198/2013, P.S. Khayala registered under Sections 354B/ 326B/ 34 of the Indian Penal Code, 1860.1 Factual Background

2. Briefly stated, the case of the Prosecution, as set out in the chargesheet, is as follows:

2.1. On receipt of DD No. 49, SI Anand Prakash, along with Ct. Devender, went to the spot of the alleged incident, i.e., M-227, Raghubir Nagar, Delhi. Upon making inquiry, it was revealed that the injured person

1 “IPC”

Signature Not Verified

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CRL.A. 78/2017 Page 1 of 21 had already been taken to Guru Gobind Singh Hospital. Accordingly, they went to the said Hospital, where the victim, Ms. Kamini, was found admitted under treatment vide MLC No. 31163.

2.2 The attending doctor at the Hospital recorded a history of assault observing “H/O assault & thrown of acid over body in M-Block, Raghubir Nagar at or around 11.40 PM 26^th May, 2013.” Subsequently, the Investigation Officer recorded the statement of the victim, in which she alleged that on 26^th May, 2013, she visited her sister’s house at M-227, Raghubir Nagar, Delhi. At approximately 11:30 PM, she observed the accused—Leela Ram (Respondent No. 3), his sons Mukesh Kumar @ Monu (Respondent No. 4) and Ramesh Kumar @ Sonu (Respondent No. 2), and Vir Singh (Beer Singh- Respondent No. 1)—standing in front of a mandir near the house. She alleged that Respondent Nos. 2 and 4 tore her shirt, while Respondent Nos. 1 and 3 poured acid on her. She further alleged that Respondent Nos. 3 and 4 stated they had assaulted her husband, Amit, with a knife, and that it was now her turn. Based on this statement, the present FIR was registered.

2.3 During the course of the investigation, the IO/SI inspected the site and prepared a site plan of the location where the incident allegedly took place. He also collected acid-contaminated soil samples, along with earth control samples, and seized them for forensic examination. Respondent No. 1 was arrested, and his disclosure statement was recorded. Efforts were made to apprehend the co-accused; but they remained untraceable, leading to the IO requesting for NBWs by the Court. The statement of the Complainant was recorded under Section 164 of the Code of Criminal Procedure, 1973, [“CrPC”]. The Signature Not Verified

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CRL.A. 78/2017 Page 2 of 21 co-accused later surrendered, following which they were interrogated and arrested. Upon completion of the investigation, a charge sheet was filed against the accused persons under Sections 354B, 326B, and 34 IPC.

Proceedings Before The Trial Court Prosecution Evidence

3. In order to prove their case, the Prosecution examined 11 witnesses, the details whereof are as under:

3.1 PW-1, HC Nawal Singh, who was the Duty Officer;

3.2 PW-2, Sh. Hemraj, the then Metropolitan Magistrate;

3.3 PW-3, Ct. Devender, who accompanied the Investigating Officer to the location where the alleged incident occurred, and is a witness to the arrest of Respondent No. 1;

3.4 PW-4, HC Sanjiv Kumar, who visited the spot where the acid was thrown on the victim, and collected a piece of earth stained with the acid, which was subsequently taken into police possession;

3.5 PW-5, Ct. Binod, the witness of arrest of Respondent Nos. 2 to 3;

3.6 PW-6, Dr. A.K. Kedia, Medical Witness, who deposed that the victim was brought to Guru Gobind Singh Hospital, New Delhi on 27^th May, 2013, with an alleged history of assault and acid throwing. Upon local examination, there