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2026 Supreme(Del) 470

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, MADHU JAIN, JJ.
State Of Nct Of Delhi - Appellant
Versus
Muraif Qamar And Anr. - Respondents
CRL.A. 889 of 2017
Decided On : 29-05-2026

Advocates Appeared:
For the Appellant : Mr. Ritesh Kumar Bahri, APP with Mr. Lalit Luthra and Ms. Divya Yadav, Advs.
For the Respondent: Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra, Mr. Md. Niyazuddin, Mr. Mohammad Mazhar Ahmed, Advs.

Appellate courts must exercise restraint in appeals against acquittal, upholding the verdict if the trial court’s view is plausible. Interference is permissible only in instances of demonstrated perversity, significant legal error, or where the initial investigation lacks the fundamental credibility required to prove guilt beyond reasonable doubt.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 378 - Appeal against acquittal - Indian Penal Code, 1860 - Sections 120B, 121, 121A, 122, 123 - Arms Act, 1959 - Section 25 - Explosive Substances Act, 1908 - Sections 4 and 5 - Scope and ambit of appellate powers - Presumption of innocence strengthened by order of acquittal - The appellate court is mandated to exhibit restraint while dealing with appeals against acquittal - If the trial court's decision is based on a plausible view of the evidence, the appellate court should not substitute its own conclusion - Interference is warranted only when findings are perverse, illegal, or involve manifest error of law or fact. (Paras 30, 31, 77, 80)

(B) Investigation - Defective investigation - Non-examination of independent witnesses - Failure to maintain logbooks for vehicles - Absence of corroborative forensic evidence - Lack of effort to ascertain source of materials - Benefit of the doubt must go to the accused when the investigation is found to be unreliable and fails to establish the guilt beyond reasonable doubt - Police testimony must be carefully scrutinized and independently appreciated, especially in the absence of independent verification. (Paras 10, 47, 72, 76)

Facts of the case:
The state challenged the acquittal of individuals accused of grave offenses involving weaponry and explosive substances. The trial court had acquitted the accused, citing significant inconsistencies in the investigation, lack of independent witnesses, absence of log records, and the failure of investigating officers to verify crucial links in the case, including the provenance of the alleged incriminating materials.

Findings of Court:
The findings of the trial court and the subsequent acquittal were deemed sound. The appellate court noted that the prosecution failed to establish the guilt beyond reasonable doubt, and the failure of the investigating authorities to conduct a fair and thorough investigation significantly undermined the credibility of the entire case.

Issues: Whether the trial court's order of acquittal against defendants charged with severe offenses is perverse or based on an erroneous view of the evidence, necessitating interference by the appellate court.

Ratio Decidendi: The double presumption of innocence, fortified by the order of acquittal, necessitates that an appellate court intervenes only if the findings are palpably wrong, based on flawed logic, or ignore material evidence. As the investigative process was inherently unreliable and failed to substantiate claims, the acquittal was upheld consistent with the principle that when two views are possible, the one in favor of innocence prevails.

Result: Appeal dismissed.

Table of Content
1. introduction to the appellate proceedings. (Para 1 , 2)
2. factual history and alleged criminal incident. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
3. trial court's findings leading to acquittal. (Para 10)
4. state's arguments emphasizing sufficient evidence by police. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
5. respondents' arguments regarding false imprisonment and cbi report. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32)
6. state's rebuttal regarding presumption of police validity. (Para 33 , 34 , 35)
7. analysis of testimonial evidence from police witnesses. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59)
8. evaluation of the cbi closure report and its findings. (Para 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70)
9. court's re-assessment of prosecution's credibility. (Para 71 , 72 , 73 , 74 , 75 , 76)
10. appellate scope and limitations regarding acquittals. (Para 77 , 78 , 79 , 80)
11. final confirmation of acquittal and dismissal of appeal. (Para 81 , 82 , 83 , 84)

JUDGMENT

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed by the State of NCT of Delhi under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) challenging the acquittal of the Respondents i.e., Respondent No.1- Muraif Qamar and Respondent No. 2- Irshad Ali @ Deepak, vide the judgment dated 22nd December, 2016 (hereinafter, ‘impugned judgment’) passed by the ld. Additional Sessions Judge-02/FTC, New Delhi District, Patiala House Courts, Delhi in Sessions Case No. 117/2013. The present case arises out of FIR No. 10/2006 registered at PS. Special Cell.

Background

3. The background of the present case is that Respondents i.e., Muraif Qamar and Irshad Ali @Deepak who claimed to be informers for the Special Cell of the Delhi Police and Intelligence Bureau (hereinafter ‘IB’) faced trial for offences punishable under Sections 121, 121A, 122, 123 read with Section 120 B of the Indian Penal Code, 1860 (hereinafter, ‘IPC’), Section 25 of the Arms Act, 1959 and Sections 4 and 5 of the Explosive Substance Act, 1908. The present appeal has a long history.

4. The Respondents claimed that they were working as informers for the IB and Special Cell of Delhi Police since the year 2000. The stand of the Respondents is that when they were asked to go undercover into a Terrorist Camp at Jammu and when they refused to do so, they were falsely implicated in an incident which led to the trial in the present case.

5. The incident in the present case took place on 9th February, 2006, when certain information is stated to have been received by the Special Cell of the Delhi Police from a secret informer. The Special Cell was informed that the Respondents would be coming from Jammu to Delhi in a JKSRTC Bus along with a considerable cache of arms, ammunition and explosives. Upon the said information being received, a team of Special Cell of the Delhi Police under the supervision of Inspector Sanjay Dutt, a team comprising various police officers including SI Vinay Tyagi, SI Ravinder Tyagi, SI Rahul Kumar Singh, SI Pawan, SI Dalip Kumar, ASI Anil, ASI Shahjahan, HC Rustam Ahmed, HC Krishna Ram, HC Nagender, Ct. Rajinder and Ct. Rajiv was formed immediately to act on the said information. The said team went to the Mukarba Chowk, near G.T. Karnal Road in three private cars and two two-wheelers which was recorded vide DD No. 15.

6. Upon reaching Mukarba Chowk, the secret informer met two officials of the Special Cell of the Delhi Police. Thereafter, a JKSRTC Bus bearing no. JK-02-0299 arrived at Mukarba Chowk, near G.T. Karnal Road. At 7:35 PM, some passengers are stated to have alighted and Respondents were identified by the informer and accordingly, the Respondents were apprehended.

7. Upon search, the following cache items were recovered from the Respondent No.1- Muraif Qamar:

i. A Chinese Star make l

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