STATE vs MAMTA SEHGAL & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 22nd April, 2025 % Pronounced on: 28th June, 2025 + CRL.A. 534/2025 THE STATE OF DELHI Govt. of NCT of Delhi I.P. Estate, Delhi Secretariat New Delhi. ……Appellant Through: Mr. Utkarsh, APP for State with I.O SI chetan, P.s. Paschim Vihar West. Versus 1. MAMTA SEHGAL W/o Sh. Sameer Mehta R/o H.No.154, Janta flats, Rohini, Sec-2, Pocket-3, Delhi. 2. MUKESH PAL S/o Sh. Mohan Lal R/o H.No.77, Bhera Enclave, Paschim Nagar, Delhi. ..…Respondents Through: Mr. Pradeep Kumar Mishra, Advocate with Mr. Ashish Upadhyay, Advocate for R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. Signature Not Verified CRL.A. 534/2025 Page 1 of 6 Signed By:RITA SHARMA Signing Date:30.06.2025 18:23:40 1. Appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed by the State to challenge the Judgment dated 21.11.2019 whereby the learned M.M. has acquitted the Respondent No.1/Mamta Sehgal under Section 279/338 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) in case FIR No.203/2016 under Section 279/338 IPC & Section 146/196 Motor Vehicle Act, 1988 (hereinafter referred to as “M.V. Act”) Police Station Mianwali Nagar, New Delhi but convicted the Respondent No.1/Mamta Sehgal under Section 146/196 M.V. Act. Learned M.M. also convicted the Respondent No.2/Mukesh Pal under Section 146/196 M.V. Act, on his admission of guilt. 2. Briefly stated, the case of the Prosecution is that on 21.04.2016 at about 12:00 noon while the Complainant, Surender Bahadur Tiwari was coming back on his Cycle from Keshopur Mandi and was going towards Rohini, on the Peeragarhi Flyover, he was hit by the Car driven by Respondent No.1/Accused, Mamta Seh