STATE vs KAPTAN SINGH

Judgment text excerpt

$~12 * 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. Digitally Signed CRL.L.P. 110/2018 Page 1 of 10 By:DEEPANSHU MALASI Signing Date:12.03.2025 21:29:00 CRL.A. / 2025 (TO BE NUMBERED) 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. With consent of parties, the appeal is taken up for hearing today. 8. In the present case, the facts are that on 08.12.2011 at about 2:19 p.m. near Soorajmal Stadium, the respondent (accused) was driving truck bearing registration No. HR 63A 1481 which collided with the Rehdi of the victim namely Ram Avtar Mishra. 9. The left foot of the victim came under the truck, as a result, the victim suffered a fracture. 10. It is alleged that the truck bearing re