STATE vs DANISH & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 5th March, 2025 + CRL.L.P. 399/2017 & CRL.M.A. 11454/2017 STATE .....Petitioner Through: Ms. Priyanka Dalal, APP for the State along with SI Anil versus DANISH & ORS .....Respondents Through: Respondents appeared in person. CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The present criminal leave petition under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023] has been filed on behalf of the appellant/petitioner seeking leave to appeal against the judgment dated 6 th December, 2016 (hereinafter “impugned judgment”) passed by the Additional Sessions Judge, Karkardooma Courts, Delhi (hereinafter “ASJ”) vide which the respondents have been acquitted for the offences punishable under 365, 395, 397 and 412 of the Indian Penal Code, 1860 (hereinafter “IPC”) registered at Police Station – Seemapuri, Delhi. 2. The brief facts that led to the filing of the instant petition are as Signature Not Verified Digitally Signed CRL.L.P. 399/2017 Page 1 of 13 By:GAURAV SHARMA Signing Date:05.03.2025 18:51:29 follows: a. On 29th October, 2012 at 6:17 AM, Police Station – Seemapuri, Delhi received information that two persons had assaulted a victim, snatched his wallet containing an ATM card, driving license and cash, and damaged the vehicle. b. The victim/complainant, Rajpal Singh, a driver for IBN7, was found injured near a CNG pump and was sent for medical treatment at GTB Hospital. c. Upon regaining consciousness, the complainant reported that on 28th October, 2012, at 11:30 PM, while having dinner at a roadside eatery, four unknown men asked him to take them towards Seemapuri. Upon reluctance by the vi