* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: September 06, 2023 Pronounced on: April 02, 2024 + CRL.A. 273/2014 STATE ..... Appellant Through: Mr. Tarang Srivastava, Addl. Public Prosecutor for State Versus AFROZ @ SHARIB & ANR. ..... Respondents Through: Mr. Manish Kumar Singh, Ms. Nusrat Hossain, Ms. Tanya Nayyar, Mr. D.

Pal Singh and Mr. Shahbaz Singh, Advocates + CRL.A. 251/2019 JHAVERIA SIDDIQUI & ANR. ..... Appellants Through: Mr. Anuj Kapoor & Ms. Anesh Dahiya, Advocates Versus STATE & ORS. ..... Respondents Through: Mr. Tarang Srivastava, Addl. Public Prosecutor for State CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

JUDGMENT

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 CRL.A. 273/2014 & CRL.A. 251/2019 Page 1 of 37 Signature Not Verified Digitally Signed 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 helmet. As their rickshaw reached near them, they were attacked by said persons who poured some chemical substance from a big jug on them due to which they felt irritation. Both of them were immediately rushed to the Holy Family Hospital at around 07:30 pm and their injuries were reduced to the Medico Legal Report and they were referred to Safdarjung Hospital.

4. On the next day at around 12:45 am, statement of victim/appellant No.1 was recorded under Section 161 Cr.P.C. and FIR No.310/2009, under Section 324/34 IPC was registered. On the same day, when the Investigating Officer (IO) of the case came to the hospital at around 12:30 PM, appellant No.1 in her summary statement stated that accused Afroz had come to the hospital to threaten her. At the instances of brother- Tarikh (PW5) of the CRL.A. 273/2014 & CRL.A. 251/2019 Page 2 of 37 Signature Not Verified Digitally Signed victim, IO prepared the site-plan and seized the clothes worn by victim/appellant No.2 at Safdarjung Hospital which were severely damaged with acid, but could not recover the clothes of appellant No.1 as they were thrown by the doctor at Holy Family Hospital. On the next day, i.e. 15.10.2009, accused Afroz @ Sharib @ Shahbaz went to Safdarjung Hospital to know what victim/appellant No.1 had stated in her statement and on her pointing out, accused Afroz was arrested.

5. In his disclosure statement, accused Afroz stated that for the last 1 ½ years, injured /appellant No.1-victim had promised to marry him, however, when he came to know that she had already married someone else, he told this fact to co-accused Shabbir. Both of them decided to finish the girl by pouring acid on her.

6. Pursuant to disclosure statement of accused Afroz, the motorcycle used in the alleged incident was recovered. On the next day, i.e. 20.10.2009, on some secret information, accused- Shabbir was also arrested. He was identified by appellant No.1-victim. The disclosure statement of accused Shabbir was recorded and his arrest memo was prepared. During the course of i