STATE (GNCTD) vs RINKU @ CHOLAN

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.01.2025 CRL.A. 271/2020 STATE (GNCTD) .....Appellant Through: Mr. Ashneet Singh, APP for the State. SI Arvind Verma, PS Gokulpuri. versus RINKU @ CHOLAN .....Respondent Through: Mr. Harsha Prabhakar, Adv. DHCLSC, Mr. Dhruv Chaudhary, Mr. Adeeb Ahmad and Ms. Eshita Pallavi, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JASMEET SINGH, J (ORAL) 1. This is an appeal seeking setting aside/quashing part of the judgment and order dated 11.07.2018 passed by District and Sessions Judge in FIR 658/2014, PS Gokulpuri, Delhi whereby the respondent has been acquitted under section 397of IPC. 2. The facts are that on 02.07.2014 at about 1:30 pm near Mother Diary, Main Market, Gokulpuri, Delhi, the respondent Rinku alias Cholan had caused grievous hurt to Vardan/victim by causing fracture on his left forearm while committing robbery from him of his mobile phone and keys of his scooty. It is further the case that while committing the said robbery, the respondent/accused brandished a pistol and gave a blow to the victim by 3. Charges were framed against the accused on 21.08.2015 for offences punishable under section 394/397 IPC. 4. The r