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
| 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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