STATE vs SAMEER @ PAUWA

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th November, 2025 + CRL.L.P. 275/2018 STATE .....Petitioner Through: Mr. Sunil Kumar Gautam, APP for the State. versus SAMEER @ PAUWA .....Respondent Through: Mr. Zeeshan Diwan, DHCLSC, Ms. Ankita Yadav & Mr. Harsha, Advs. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (ORAL) 1. The present petition is filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter ‘CrPC’) seeking leave to challenge the judgment dated 31.01.2018 (hereinafter ‘the impugned judgment’), passed by the learned Additional Session Judge (hereinafter ‘ASJ’), in Sessions Case No. 225/2016 arising out of FIR No. 684/2016, registered at Police Station New Usmanpur, learned ASJ by impugned judgment acquitted the respondent of the offences under Sections 394/397/34 of the Indian Penal Code, 1860 (hereinafter ‘IPC’). 2. Succinctly stated, on 21.08.2016, DD. No. 45B was assigned to ASI Naresh Kumar. He reached the hospital along with Ct. Kuldeep and collected the MLC of the injured-Birbal. Signature Not Verified Signed By:SANJAY CRL.L.P. 275/2018 Page 1 of 10 KUMAR Signing Date:22.11.2025 21:04:54 The injured was declared 'fit' for statement by doctor. ASI Naresh Kumar met with the injured who told him that two persons had committed robbery of his mobile phone from his possession after causing injuries to him with blade. Consequently, one accused-Respondent/Sameer @ Pauwa was apprehended by the police along with the looted mobile phone of the injured. 3. On the basis of the statement of the injured-Birbal, the subject under sections 392/397/411/34 of the IPC was registered. 4. After completion of the investigation, the Chargesheet was filed and the charges were framed under sections 394/397/34 of the IPC agains