STATE vs BHUPINDER SINGH

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11.02.2025 + CRL.L.P. 591/2022, CRL.M.A. 26804/2022 STATE .....Petitioner Through: Mr. Aashneet Singh, APP with Insp. Mantosh Kumar, PS Shalimar Bagh versus BHUPINDER SINGH .....Respondent Through: CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition seeking grant of leave to appeal to challenge the impugned judgment dated 23.11.2019 passed by learned MM-04, North-West District, Rohini court arising out of FIR No. 747/2000 registered as PS Shalimar Bagh wherein the learned Trial Court acquitted the respondent for the offences under section 279/338 IPC. 2. Brief facts are that on 23.10.2000 at about 10:20 PM at outer ring road near petrol pump, Haiderpur, BadliRed Light, Delhi, a Maruti car bearing No. DL-2CG-1353 was being driven in a rash and negligent manner which resulted in an accident. The said accident caused grievous hurt to Mohan Singh and Amar Singh. Hence the FIR. 3. After completion of investigation, chargesheet was filed against the respondent and charges were framed under section 279/338 of IPC. 4. Prosecution examined total 8 witnesses and the respondent examined only 1 defence evidence and thereafter, the learned Trial Court after analysing the evidences placed on record, acquitted the respondent for Digitally Signed CRL.L.P. 591/2022 Page 1 of 8 By:MAYANK Signing Date:19.02.2025 14:34:00 the said offences. 5. The operative portion of the impugned judgment reads as under: “23.It is also duly noted that as per seizure memo of the car bearing number DL-1CG-1353 i.e. Ex.PW-4/B, the alleged offending car was seized on 24.10.2020 but the mechanical inspection was conducted only after 5 days i.e. on 29.10.2000 but no explanation has been furnished by the IO for