STATE (NCT OF DELHI) vs HARISH & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25th February, 2026 Pronounced on: 7th April, 2026 Uploaded on: 7th April, 2026 CRL.A. 943/2016 STATE (NCT OF DELHI) .....Appellant Through: Mr. Ritesh Kumar Bahri APP for State with Mr. Lalit Luthra and Mr. R. S. Gupta, Advs. SI Thakur Singh, P. S. Khyala. versus HARISH & ANR .....Respondents Through: Mr. Harsh Prabhakar, Mr. Dhruv Chaudhry, Mr. Shubham Saurav and Mr. Vijit Singh, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. The present criminal appeal under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter ‘CrPC’) has been preferred by the Appellant assailing the Impugned Judgement dated 20th July 2015, passed by the ld. Additional Sessions Judge, West District, Tis Hazari Courts, Delhi, whereby the Respondents - Rinku @ Shiv Kumar and Harish were acquitted of the offences in Sessions Case No. 7/2011, arising out of FIR No. 210/2009, registered at P.S. Khyala under Section 307/324 read with Section 34 of the Indian Penal Code, 1860 (hereinafter ‘IPC’). 2. The prosecution case emanates from an incident which allegedly took place on the intervening night of 17/18th October