STATE vs KAPTAN SINGH

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 06.03.2025 CRL.L.P. 110/2018 & CRL.M.A. 2771/2018 STATE .....Petitioner Through: Mr. Aashneet Singh, APP SI Sunder Singh, PS Nangloi versus KAPTAN SINGH .....Respondent Through: Mr. Faraz Maqbool, Mr. Chandan Kumar, Ms. Sana Juneja, Ms. Deepshikha, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition seeking grant of leave to appeal against acquittal vide judgment and order dated 03.11.2017 passed by the learned MM-03, West District, Tis Hazari Courts, Delhi in FIR No. 353/2011 registered at P.S. Naglaoi under Sections 279/338 of IPC. 2. Mr. Singh, learned APP states that in the present case, the learned MM has failed to appreciate the testimony of the PW-5 who is an eye witness who stated that the truck was being driven in a heavy congested area at the speed of 60 km/h. 3. To my mind, the issue needs consideration. 4. For the said reasons, the application for leave to appeal is allowed and disposed of. 5. Let the appeal be registered. 6. Issue notice. Mr. Maqbool, learned counsel accepts notice on behalf of the respondent and requests that the appeal be taken up for hearing today. 7