STATE vs JAI PRAKASH & ANR

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:30th October, 2025 + CRL.L.P. 592/2017 STATE Govt. of NCT Delhi. .....Petitioner Through: Mr. Ajay Vikram Singh, APP for State. versus 1. JAI PRAKASH S/o Asha Ram R/o H.No.374, Village Bajitpur, Delhi. 2. KRISHNA W/o Sh. Jai Prakash R/o H.No.374, Village Bajitpur, Delhi. .....Respondents Through: Mr. Sanjay Kumar, Mr. Shiv kumar. Ms Reema, and Mr Adarsh Pratap Gautam, Advocates for R-1 and R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) CRL.L.P. 592/2017 1. An Application under Section 378(3) of the Code of Criminal Procedure (Cr.P.C.) was filed on behalf of the Petitioner, challenging the impugned Judgment dated January 21, 2017, of the learned Metropolitan Magistrate, Delhi, acquittal of the Respondents herein, for the offences Signature Not Verified Page 1 of 10 Digitally Signed By:ANIL KUMAR BHATT Signing Date:04.11.2025 16:04:52 under Sections 323, 325, 341, and 506 Indian Penal Code (IPC) in FIR No. 104/2009, registered at Police Station Bawana. 2. It is submitted in the Petition that the learned Trial Court's impugned judgment is based on presumption, conjectures, and surmises, and as such, cannot withstand legal scrutiny and is therefore liable to be set aside. The learned Trial Court has allegedly erred in appreciating the evidence presented by the Prosecution in the right perspective, despite all Prosecution witnesses having fully supported the Prosecution's case. Furthermore, the Trial Court is claimed to have erred in granting the benefit of doubt to the Respondents, thereby acquitting them. It is, therefore, prayed that the Leave Petition be allowed. Submissions were heard. 3. In view of the submissions made and the reasons given in the Leave Petition, the same is