AFZAL @ TOTLA vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17th December, 2025 Pronounced on: 24th February, 2026 + CRL.A. 730/2025, CRL.M.(BAIL) 1141/2025 AFZAL @ TOTLA S/o Shri Mohd. Ahmad, R/o Jhuggi No.T-34, Andheria More, Near Pankhe Wali Masjid, Mehrauli, Delhi. (Currently lodged at Central Jail No. 01, Tihar, Delhi) ....Appellant Through: Mr. Archit Upadhayay, Mr. Piyush Gautam and Ms. Muskan Aggarwal, Advocates versus STATE (NCT OF DELHI) Through SHO, PS: INA Metro, Delhi. .....Respondent Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Criminal Appeal under Section 415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „B.N.S.S.‟) has been filed on behalf of the Appellant Afzal @ Totla, against Judgment dated 01.04.2025 whereby the Appellant was convicted under Sections 411/413/414 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟) and Order on Sentence dated 08.04.2025 passed by Learned CRL.A.730/2025 Page 1 of 10 Signature Not Verified Signed By:VIKAS ARORA Signing Date:24.02.2026 17:20:33 Principle District and Session Judge, Delhi, in e-FIR No.0030/2020 under Sections 411/413/414 IPC, registered at P.S. INA Metro, Delhi. 2. The case of the Prosecution is that on 14.02.2020, Complainant Cherkal Muhammed Ashraf made an e-FIR regarding theft of mobile phone make ‘Huawei Y7 Prima 2018‟, while he travelling in Metro Train from Hauz Khas Metro Station to INA Metro Station. The FIR was marked to SI Laxmi Narayan, IO, who put the stolen mobile on surveillance. The mobile was found activated on ID of one Ms. Roshni Khan. IO approached her and she disclosed that she had purchased this mobile from the Appellant, but because