* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 18.03.2026 Judgment pronounced on: 04.04.2026 + CRL.A. 286/2016 HAJI MOHD. ALTAF .....Appellant Through: Mr. S.C. Buttan, Mr. Himanshu Buttan, Mr. Ojasvi Annadi Shambhu and Mr. Nikhil, Advocates.

Versus THE STATE .....Respondent Through: Mr. Utkarsh, APP for State + CRL.A. 326/2016 NARENDER SINGH .....Appellant Through: Mr. Ravin Rao, Mr. Akshit Sawal, Mr. Ayan Sharma and Mr. Akshay Mathur, Advocates.

versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for State + CRL.A. 691/2016 SUSHIL GULATI (VICTIM SINCE DECEASED)THR. LEGAL REPRESENTATIVES ASHA GULATI .....Appellant Through: Appearance not given.

versus STATE & ORS .....Respondents Through: Mr. Utkarsh, APP for State CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. CRL.A. 286/2016 and CRL.A. 326/2016 under Section

374 read with Section 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C) have been filed by the first and the second accused (A1 and A2) in Sessions Case No. 141/1/2010 on the file of the Additional Sessions Judge, Fast Track Court, North-West District, Rohini Courts, Delhi, assailing the judgment dated 25.02.2016 and order on sentence dated 29.02.2016 as per which they have been convicted and sentenced for the offences punishable under Sections 120B, 193, 195, 218, 465, 389 read with Section 120B of the Indian Penal Code, 1860 (the IPC).

2. CRL.A. 691/2016 under Section 372 Cr.PC. has been filed by PW12, Sushil Gulati, the victim in the case seeking enhancement of the sentence and the compensation awarded.

3. The prosecution case in brief is that on 29.08.2000 the accused persons four in number, in furtherance of their common intention entered into a criminal conspiracy to falsely implicate PW12 in a case of sexual assault and extort money from him. In furtherance of the said conspiracy and common intention, the accused persons forged and fabricated documents with the knowledge and intention that such documents may appear in evidence during judicial proceedings with a view to get a conviction of PW12 for offences punishable with imprisonment for life. Pursuant to the conspiracy hatched, PW12 was arrested on the allegation of committing rape of PW1. A2 Sub-Inspector, Police Post Tis Hazari Courts who had the duty to prepare the records, prepared false and incorrect records. Due to the aforesaid acts, PW12 was arrested and remanded to police and judicial custody for several days.

4. Initially, based on exhibit PW1/B FIS of PW1 given on

30.08.2000 Zero FIR was registered at Subzi Mandi, Police Station. Subsequently crime number 852/2000, Rajouri Garden Police Station, that is, exhibit PW11/A FIR, was registered by Sub-Inspector, Rajouri Garden Police Station alleging commission of offences punishable under sections 328, 376, 506 read with Section 34 IPC against PW12. The investigation was taken over by the Crime Branch, which investigation revealed that PW12 was innocent. Hence, he was discharged by the trial court as per order dated 09.04.2001. The further investigation conducted revealed the role of Haji (A1) and Narender Singh (A2) along with C.M. Dutta (A3), Chowki-in- charge Rajouri Garden, Police Station and Sameer Ahmed alias Sonu(A4). Hence the chargesheet/final report was filed alleging the commission of the offences punishable under Sections 193, 195, 218, 465, 389, 388, 120B of the Indian Penal Code, 1860 (the IPC).

5. When the accused persons were produced before the trial court, all the copies of the prosecution records were furnished to them as contemplated under Section 207 Cr.PC. Thereafter, in compliance of Section 209 Cr.PC, the case was committed to the Court of Session concerned.

6. On appearance of the accused persons before the trial court and after hearing both sides, as per order dated 18.08.2007, a Charge under Sections 120B and 193, 195, 465, 389, 218 read with Section 120B IPC was framed against A1 to A3, which was read over