STATE OF NCT OF DELHI vs AJAY DANIEL & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 27.08.2025 Pronounced on : 01.09.2025 + CRL.A. 16/2017 STATE OF NCT OF DELHI .....Appellant Through: Mr. Pradeep Gahalot, APP for State with Insp. Mandep NR/Special cell versus AJAY DANIEL & ANR .....Respondent Through: Mr. Jatin Sapra, Advocate for respondent no. 2 CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of present appeal filed under Section 378 CrPC, the appellant/State seeks to assail the judgement dated 31.01.2015 passed by Ld. Additional Sessions Judge, Patiala House Courts, Delhi in Sessions Case No. 48/14 titled State vs. Ajay Daniel & Anr, arising out of FIR No. 129/2013 registered under Sections 394/397/34 IPC at P.S. Vasant Vihar, Delhi, whereby the respondents were acquitted. 2. The investigation commenced upon a complaint by one Uday Menon that on 12.04.2013, around 11.15-11.30 pm, while returning from his job at a BPO on a bus, he got down at Mallai Mandir bus stop. When he reached near Mishra Glass House while walking home, two boys came out of the park. One of them asked from where he was coming, and when the complainant did not reply, the boy caught hold of his hand and dragged to Signature Not Verified Digitally Signed CRL.A. 16/2017 Page 1 of 9 By:GAUTAM ASWAL Signing Date:01.09.2025 18:22:29 side of the road near the shop shutter. The boys abused and gave beatings as well, asking him take out money. One of the assailants, described as healthy and taller, took out one Khukhri/big Knife from his pant and after threatening to finish him, stabbed the complainant with the knife on his right shoulder, wounding him. The assailants took his wallet containing voter ID card, PAN card and around Rs. 1200/- from his front pocket and then ran away. 3. Vide order dated 25.07.2013, char