STATE vs PRAVEEN & ANR

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th March, 2025 + CRL.L.P. 290/2018 & CRL.M.A. 8121/2018 STATE .....Petitioner Through: Mr. Aashneet Singh, APP for the State SI Amit Kumar, PS- Dwarka South versus PRAVEEN & ANR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. 1. The present petition is filed under Sections 378 of the Code of Criminal Procedure, 1973 (hereafter ‘CrPC’), for setting aside the judgement dated 22.09.2017 (hereafter ‘impugned judgement’) passed by the learned Additional Sessions Judge (ASJ), Special Judge (NDPS), Dwarka Courts, Delhi, in FIR No. 240/2011 registered at Police Station Dwarka South for offences under Sections 392/394/308/323/342/34 of the Indian Penal Code, 1860 (hereafter ‘IPC’). 2. By the impugned judgement, the learned ASJ acquitted the respondents of the offences charged under Sections 308/34 of the IPC, holding that the prosecution failed to prove the allegations Signature Not Verified Signed By:HARMINDER CRL.L.P. 290/2018 Page 1 of 14 KAUR Signing Date:08.04.2025 10:38:49 against the accused beyond reasonable doubt, as there were contradictions in the statement of the complainant and the independent witnesses. The learned ASJ observed that there were severe inconsistencies in the depositions of the two injured persons and the evidence adduced by the prosecution in respect to consumption of liquor, recovery of the weapon of offence as well as the conduct of the investigation. It held that there was nothing on record to show that the injury caused to the injured persons was inflicted upon them by the respondents. 3. The FIR was registered at the instance of Dev Raj / PW3, alleging that on 22.08.2011 at about 8:35 pm, he received a call from Respondent No. 1, who invited th