STATE vs RAMESH CHAND & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02nd JULY, 2025 IN THE MATTER OF: + CRL.A. 118/2003 STATE .....Appellant Through: Mr. Ritesh Kumar Bahri, APP for the State with Ms. Divya Yadav and Mr. Lalit Luthra, Advs. versus RAMESH CHAND & ORS. .....Respondents Through: Mr. Anurag Andley, Mr. Aditya Andley, Mr. Tanmay Gupta, Mr. Sahil Nagar and Ms. Aditi, Advs. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT SUBRAMONIUM PRASAD, J. 1. The present criminal appeal has been filed by the State, challenging the judgment dated 23.10.2000 passed by the Learned Additional Sessions Judge, Karkardooma Courts, Delhi, in Sessions Case No. 42/1998 arising out of FIR No. 213/1997, registered at P.S. Geeta Colony, whereby the accused persons, namely Ramesh Chand and his wife Dayawati @ Bhuria, have been acquitted of all charges under Sections 363, 364, 302, 201 read with 34 of the Indian Penal Code, 1860. 2. The gist of this case pertains to the death of a 2.5 year old child, Sandeep, who went missing on 17.11.1997 from the vicinity of his home in Rani Garden, Shastri Nagar, Delhi. Five days later, his body was recovered Signature Not Verified Digitally Signed CRL.A. 118/2003 Page 1 of 27 By:SHAZAAD ZAKIR Signing Date:04.07.2025 12:37:56 from a drain in the Shakarpur area. The prosecution alleged that the child was kidnapped and murdered by the accused, who were their neighbours, due to prior animosity and a dispute concerning faith healing practices allegedly involving the female accused. 3. After the trial, during which twenty-four prosecution witnesses were examined, the learned Trial Court acquitted the accused by extending them the benefit of doubt, holding inter alia that the prosecution had failed to establish