STATE OF NCT OF DELHI vs OM PRAKASH AND OTHERS

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27.01.2025 + CRL.L.P. 259/2022, CRL.M.A. 10979/2022 STATE OF NCT OF DELHI .....Petitioner Through: Mr. Aashneet Singh, APP with SI Sahil, PS Karol Bagh versus OM PRAKASH AND OTHERS .....Respondents Through: Ms. Sunita Arora, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is an application seeking leave to appeal to challenge the judgment dated 22.10.2019 passed by the learned Additional Sessions Judge-II (Central), Tis Hazari Court, Delhi in SC No. 71/2015 titled as “State v. Om Prakash & Ors.” wherein the learned Trial Court has convicted the respondents under section 427, 452, 323, 324, 308 read with section 34 of IPC but released them on probation by granting benefit under Section 4 of the Probation of Offenders Act, 1958 (“PO Act”) for a period of six months on furnishing a personal bond in the sum of Rs. 10,000/- each with one local surety of the like amount, however, all the respondents were acquitted under section 506 of IPC and respondent No. 3, 4 and 10 were acquitted under section 384 of Digitally Signed By:MAYANK CRL.L.P. 259/2022 Page 1 of 10 Signing Date:06.02.2025 18:35:37 IPC. FACTUAL BACKGROUND 2. Suresh Beswal S/o Kanhiya Lal Beswal, residing at H. No. 2296, Pilli Building, Gurudwara Road, Karol Bagh, operates a restaurant named „Janta Restaurant‟. On January 30, 2009, while he was at the counter with his father Kanhiya Lal Beswal, alongwith his brother Lalit Beswal, and staff Sunil Kumar, three individuals—Johny S/o Om Prakash, Gaurav S/o Om Prakash and Hunny S/o Jagdish, all residents of Peeli Building, entered the restaurant. They attempted to leave without paying for a packet of cooked fish. When Suresh‟s father asked for payment, the boys threatened hi