MOHD.NAWAB vs STATE N.C.T. OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16th October, 2025 IN THE MATTER OF: + CRL.A. 475/2002 MOHD.NAWAB .....Appellant Through: Mr. S.K. Sharma, Mr. Tejas Singh, Mr. Rahul Sharma, Mr. Yogender and Mr. Saurabh Dagar, Advocates. versus STATE N.C.T. OF DELHI .....Respondents Through: Mr. Aashneet Singh, APP for State along with SI Priyank Rana, Police Station: Darya Ganj, Delhi. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT VIMAL KUMAR YADAV, J. 1. Among others, a claim has been made on behalf of the Appellant that the circumstantial evidence, brought over the record by the prosecution nowhere proves that it was he who committed murder of Giani. To appreciate his submissions, raised before us, it would be expedient to note the facts. Denuded of details, the facts are that on the night intervening 29th-30th November 1998, at about 2:00 a.m., one Harpal Singh, PW-8 alighted the car of his boss at red light Delhi Gate, Delhi, to board a bus for Ashok Nagar, Delhi. His boss left for his Signature Not Verified Signed By:MADHU CRL.A. 475/2002 Page 1 of 18 SARDANA Signing Date:16.10.2025 17:13:40 residential house and PW-8 proceeded towards bus stand near Golcha Cinema, Netaji Subhash Marg, Draya Ganj, Delhi. When he reached near Delhi Gate Monument, he saw the Appellant, whose name was disclosed later on, catching hold of a rikshaw puller by his collar and abusing him with an intention to show his upmanship. The Appellant declared that since the rikshaw puller has refused to transport him to his house, he would kill him. With difficulty rikshaw puller got himself released from his clutches, at that juncture the Appellant pounced upon him, made him to lie, put his head on his thigh and started assaulting him wit