STATE (GOVT OF NCT OF DELHI) vs OM PRAKASH & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 25.02.2026 Judgment pronounced on: 10.03.2026 + CRL.A. 742/2016 STATE (GOVT OF NCT OF DELHI) .....Appellant Through: Mr. Ajay Vikram Singh, APP for State Versus OM PRAKASH & ANR .....Respondent Through: Mr. Satish Tamta, Sr. Advocate alongwith Ms. Manavi Joshi, Ms. Nisha Narayanan and Ms. Sonika Rathore, Advocates CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (the Cr.P.C.), has been filed by the respondent/ State in Criminal Appeal 80 and 81 of 2014 on the file of Additional Sessions court, Patiala House courts aggrieved by Signature Not Verified CRL.A. 742/2016 Page 1 of 15 Signed By:KOMAL DHAWAN Signing Date:10.03.2026 13:09:21 the judgment dated 01.11.2014 by which accused no. 1 (A1) and accused no. 2 (A2)/the respondents herein, have been acquitted by reversing the finding of guilt of the accused persons for the offences punishable under Sections 186, 353 and 34 of the Indian Penal Code, 1860 (the IPC) by the trial court. 2. The prosecution case is that, on 26.06.2003 at about 3:05 PM at premises bearing No. P-2/W1, Curzon Road Barrack, Kasturba Gandhi Marg, A1 and A2, in furtherance of their common intention and in association with other persons, voluntarily assaulted and used criminal force against PW1, a public servant, with the intention of deterring him from the discharge of his official duties, and thereby obstructed him in the performance of such duties. 3. On the basis of Exhibit PW1/A complaint of PW1, given on 26.06.2003, Crime no. 153/2003, Parliament Street, Police Station, i.e., Exhibit PW2/B FIR was registered by PW2, Head Constable. PW4, Sub Inspector (SI) was entrusted with