The High Court of Delhi dismissed the State's criminal appeal against the acquittal of Sonu @ Sunil and deceased Pawan Sharma. The bench upheld the trial court's conclusion that prosecution evidence was unreliable and failed to establish guilt beyond reasonable doubt.
Criminal Appeal dismissed; Acquittal affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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+ CRL.A. No.1072/2013
Date of Decision: 09.11.2016
STATE ..... Appellant
Through Ms.Aashaa Tiwari, APP for
State.
versus
SONU @ SUNIL & ANR ..... Respondents
Through Ms.Inderjeet Sidhu,
Advocate for R-1( Amicus
Curiae )
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MS. JUSTICE ANU MALHOTRA
GITA MITTAL, J (Oral)
Crl. App.No. 1072/2013 Page 1 of 4
respondent in the case S.C No.31/10 arising out of FIR No.336/08 registered by Police Station M.S.Park, the respondent Sonu @ Sunil and Pawan Sharma (since deceased) were charged for commission of an offence under Section 394 read with 34 IPC vide judgment dated 20.07.2011. Respondent No.1 was also separately charged for commission of an offence punishable under Section 397 IPC. These respondents had pleaded not guilty and claimed trial.
Crl. App.No. 1072/2013 Page 2 of 4
per the prosecution at 7:30 p.m. when the offence took place, the accused Sonu was quarrelling with Babloo at a spot other than the place of the incident. In fact, the defence led the evidence that the respondent Sonu was handed over to the appellant on 6.10.2008 at about 5:10 p.m. by his relatives. The defence led the evidence of DW-1 Daryao Singh in this regard and DW-2 Veer Singh Mohalla Pradhan/social worker in the area as well as DW-9 Babloo.
For this reason, the learned Trial Court has rightly disbelieved the case of the prosecution that Sonu was arrested on a subsequent date 7.10.2008 at 2:30 a.m.
Crl. App.No. 1072/2013 Page 3 of 4
dismissed.
GITA MITTAL, J
NOVEMBER 09, 2016 sv
ANU MALHOTRA, J
Crl. App.No. 1072/2013 Page
4 of 4
2 issues framed by the court
Whether the State's criminal appeal against the acquittal of respondents in Section 394/397 IPC cases has merit.
Whether the High Court should set aside the trial court's finding that prosecution evidence was unreliable and contradictory.
3 provisions across 2 enactments
STATE
SONU @ SUNIL
PAWAN SHARMA
GITA MITTAL
ANU MALHOTRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
