STATE ( GOVT OF NCT OF DELHI) vs ARIF & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18.09.2025 + CRL.A.920/2016 STATE (GOVT OF NCT OF DELHI) .....Appellant Through: Ms Shubhi Gupta, APP for State. Versus ARIF & ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present appeal, filed under Section 378 Cr.P.C., seeks to assail the impugned judgment dated 23.12.2014 passed by the learned ASJ-4 (Shahdara), Karkardooma Courts, Delhi in Sessions Case No. 37/2014 arising out of FIR No. 125/2011 registered under Sections 323/458/380/34 IPC at P.S. Gokal Puri, qua which respondent nos. 1 and 2 herein were acquitted of the offence punishable under Section 411 IPC. 2. The FIR came to be registered in the context of an incident that statedly took place on 15.04.2011 at about 01:30 AM, when the complainant’s son heard noises coming from the adjacent property where the complainant was running a factory. He looked out from the window and saw one person standing there, upon which he woke up his father/the complainant, and his younger brother. The complainant, along with his two sons Asif and Rashid, came out of the house and raised an alarm. Two Signature Not Verified Digitally Signed CRL.A.920/2016 Page 1 of 5 By:NIJAMUDDEE N ANSARI persons fled with some articles from the factory. The third person took out a knife and threatened to kill them if they tried to catch him; however, the complainant and his sons managed to apprehend him and took the knife into their possession. In the process, the complainant, his son Asif, and the accused, suffered injuries. The complainant gave a description of the articles that were reportedly stolen, which included one DVD player, one golden- colour Sonata watch in a red-colour box, one silver necklace with green and red m