STATE OF NCT OF DELHI vs SURAJ @ SANJAY & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25th March, 2026 Pronounced on:24thApril, 2026 Uploaded on: 24th April, 2026 + CRL.A. 600/2017 STATE OF NCT OF DELHI .....Appellant Through: Mr. Ashmeet Singh, APP for State SI Sunil Khokhar. versus SURAJ @ SANJAY & ANR .....Respondents Through: Ms. Anu Narula (DHCLSC), Mr. Robin Sun, Mr. Brajraj Sharma, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. The present appeal has been preferred by the Appellant/State of NCT of Delhi under Sections 377/378 of the Code of Criminal Procedure (hereinafter ‘Cr.P.C’), assailing the judgment dated 7th May 2016 and the order on sentence dated 23rd May 2016, passed by ld. ASJ-03, Patiala House Courts, New Delhi, in Sessions Case No. 63/2014 titled State vs. Suraj @ Sanjay & Anr., arising out of FIR No. 173/2013 registered at P.S. Naraina. 2. By way of the impugned judgment, the ld. Trial Court convicted the Respondents for a lesser offence under Sections 308/34 of the Indian Penal Code, 1860 (hereinafter ‘IPC’) instead of Sections 307/34 IPC. Thereafter, vide order on sentence dated 23rd May 2016, the Respondents were released on probation of good conduct for a period of three years upon furnishing Signature Not Verified Signed By:RENUKA CRL.A. 600/2017 Page 1 of 17 NEGI Signing Date:24.04.2026 19:48:03 personal bonds in the sum of Rs. 10,000/- each with one surety in the like amount. Additionally, Respondent No. 1, Suraj, was directed to pay compensation of Rs. 10,000/- and Respondent No. 2, Ajay, Rs. 5,000/- to the victims. The relevant portion of the conclusion of the Trial Court is set out below: “28. In the case in hand, it has categorically come on record in the deposition of PW2 Akash Kumar - injured that on the night of 28.07.2013 accus