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

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17th February,2026 Uploaded on: 17th February, 2026 + CRL.A. 561/2016 STATE (GOVT OF NCT OF DELHI) .....Appellant Through: Mr. Ritesh Kumar Bahri, APP with Ms. Divya Yadav & Mr. Lalit Luthra, Advs. with SI Sagar Navdeep M, PS Gokul Puri. versus AFTAB & ANR .....Respondents Through: Mr. R. K. Tarun, Mr. Reyazul Haque, Ms. Capt. Subedita Rani, Ms. Aditi Shivadhatri (through VC), Ms. Khushi Gupta and Mr. Hemant Jain, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. The present appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) challenging the impugned judgment dated 15th December, 2024 passed by the ld. Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi, whereby the ld. Trial Court acquitted the Respondent Nos. 1 and 2 with the following observations: Signature Not Verified Signed By:RENUKA NEGI CRL.A. 561/2016 Page 1 of 36 Signing Date:17.02.2026 17:04:32 “40. After, analyzing the evidence on the record (as discussed herein before) on the parameters of aforesaid case laws, I do find that prosecution has failed to prove charge of offence under Section 498- A/304-B IPC against the accused persons because there is no reliable evidence on the record even to suggest that any sort of harassment was being caused to deceased Ruby for any kind of demand. XXX 42. In this case, a charge for offence under Section 302/34 IPC was also framed against both the accused persons. However, there is no evidence to such effect to even raise a suspicion that it was a case of culpable homicide. Rather, the medical evidence coming through PW-14 and PW-27 give a total clean chit to the accused persons for the allegations of culp