* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on : 10.10.2025

Pronounced on : 17.12.2025 Uploaded on : 17.12.2025

+ CRL.A. 637/2024

TILAK @ NEPALI .....Appellant

Through: Mr. Sanjeev Kumar Baliyan,

Advocate (DHCLSC) with Mr. Nirbhay Sharma, Advocate with appellant through V.C. from Rohini

Jail

versus

STATE (NCT OF DELHI) .....Respondent

Through: Ms. Shubhi Gupta, APP for State with

SI Rishi Kant

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

CRL.A. 637/2024

1. The present appeal seeks to assail the judgment of conviction dated 11.03.2024 and order on sentence dated 15.04.2024 passed in the context of the FIR bearing No. 16089/2022 registered under Section 379 IPC at P.S.

Safdarjung Enclave, South West.

2. The facts of the prosecution case as arising from the record are that on 10.06.2022, one Pawan Kumar Sharma went to Safdarjung Hospital along with his father on his two-wheeler for his father’s treatment and parked the said two-wheeler near the OPD building of Safdarjung Hospital. He went

inside the building with his father for treatment and at about 12.45 PM, upon coming out of the building, he found his two-wheeler missing from where he had parked it. He lodged the concerned E-FIR on Delhi Police Online Portal regarding theft of his scooty bearing no. DL-13SV-7530. The investigation was assigned to ASI Subh Karan, who reached the spot along with HC Opin and Ct. Rajender, got recorded statement of witnesses, and prepared the site plan (Ex. PW-3/A) at the instance of the complainant. Efforts were made to trace the stolen vehicle, but initially to no avail.

On 27.10.2022, HC Netram Meena was on picket duty along with PCR Z14 Alfa. HC Opin and HC Rajender were also on duty along with him. At about 8:30 PM, while they were checking vehicles, one two-wheeler bearing no. DL-13SV-7530 was stopped by them and checked, but upon the rider being asked to produce the relevant documents for the same, he was unable to do so. On checking the details of the said scooty on Zip Net, it was discovered to be the one stolen in the present case. The driver disclosed his name as Tilak @ Nepali (the appellant herein), and he was arrested by the I.O., HC Net Ram Meena. The two-wheeler was seized and deposited in the Malkhana.

Upon checking the previous involvements of the appellant, it was discovered by the police that the appellant is involved in 21 cases, out of which 7 were under Section 411 IPC. Accordingly, Section 413 IPC was added and after completion of investigation, the chargesheet was ultimately filed under Sections 379/411/413 IPC. The Trial Court framed charges against the appellant under the same provisions, to which he pleaded not guilty and claimed trial.

3. The prosecution examined 7 witnesses in support of its case. The complainant/Pawan Kumar Sharma was examined as PW-2. ASI Subh Karan, to whom the investigation of the FIR was initially marked, was examined as PW-4. The main I.O. of the case, HC Netram Meena, who arrested the appellant and seized the two-wheeler in question, was examined as PW-1. HC Rajender Kumar and HC Opin, who joined the investigation with the I.O., were examined as PW-3 and PW-5 respectively. HC Mandeep Yadav, who was posted as the MHC(R) at P.S. Safdarjung Enclave at the relevant time, was examined as PW-6.

4. The complainant/Pawan Kumar Sharma (PW-2) deposed that on 10.06.2022, he accompanied his father to Safdarjung Hospital for his treatment and parked his scooty bearing no. DL-13SV-7530 near the OPD building. He accompanied his father inside the building and when he came out at about 12.45 PM, his scooty was missing from the place where he had parked it. He lodged the concerned E-FIR, whereafter the police contacted him and made efforts to trace the scooty. In October 2022, he was informed that his scooty had been recovered by the police, and after completion of formalities, he got the same released on superdari.

5. ASI Subh Karan (PW-4), the first I.O. of the case, deposed that on 10.06.2022, he along with HC O