TILAK@NEPALI vs STATE(NCT OF DELHI)

Judgment text excerpt

* 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 Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 637/2024 Page 1 of 8 Signing Date:17.12.2025 19:26:31 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 Op