SHEKHAR PATHAK & ORS. vs THE STATE

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:04th August, 2025 Date of Decision:11th August, 2025 CRL.A. 278/2003 SHEKHAR PATHAK & ORS. .....Appellants Through: Ms. Tanya Agarwal, Advocate for Appellant no. 1. Mr. Tom Joseph and Ms. Arya Krishnan, Advocates for Appellants no. 2, 3 & 4. versus THE STATE .....Respondent Through: Mr. Satinder Singh Bawa, APP with Inspector Sunil Kumar, SI Yashwant Kumar and SI Kamal, PS Tughlak Road. CORAM: JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT 1. The present Appeal is filed by the Appellants under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) against the judgment dated 27th February, 2003 (hereinafter referred to as the “impugned judgment”) and against the Order-on- Sentence dated 9th April, 2003 (hereinafter referred to as the “impugned Order on Sentence”) passed by the court of Additional Sessions Judge, Patiala House Courts, New Delhi (hereinafter referred to as the “Trial 2. Briefly stated, the Prosecution’s case as reflected in the impugned judgment is as follows: “That on 24.8.91 Ramesh Mandal came in the police station and stated that he is a TSR Driver and is driving TSR no. DR4899 and