AASHIM & ANR vs STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 29th August, 2025 Date of Decision : 9th September, 2025 + CRL.A. 195/2012, CRL.M.(BAIL) 1668/2025 & CRL.M.A. 9366/2025 AASHIM & ANR. .....Appellants Through: Mr. Arun Sharma, Advocate. versus STATE .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State with SI Kavish Rana, P.S. Lahori Gate. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT RAJNEESH KUMAR GUPTA, J. 1. The present criminal appeal has been filed under Section 374 Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’) by the Appellants, namely, Aashim and Mehtab Jahan challenging the judgment dated 4th January, 2012 (hereinafter referred to as ‘impugned judgment’) and the Order on Sentence dated 6th January, 2012 (hereinafter referred to as ‘impugned Order In Sentence’) passed by the learned Additional Sessions Judge-II (North), Tis Hazari Courts, Delhi (hereinafter referred to as ‘Trial Court’) in Sessions Case bearing No. 63/2011 arising out of FIR bearing No. 146/2008 registered at Police Station-Lahori Gate. Signature Not Verified Signed By:VAISHALI CRL.A. 195/2012 Page 1 of 11 CHAUHAN Signing Date:09.09.2025 16:16:11 2. Vide the impugned judgment, the learned Trial Court convicted the Appellants under Section 489C of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced them to undergo 03 years of Simple Imprisonment (hereinafter referred to as ‘SI’), each along with a fine of ₹10,000/- each, and in default of payment of fine, to undergo SI for 05 months. 3. In brief, the Prosecution case is that on 31st July, 2008, at about 04:45 PM, SI Surender Singh (PW- 4) was on patrolling duty near Fatehpuri Masjid, Chandni Chowk. While on patrolling duty, a secret information was received that a