State filed appeals against acquittals. Court dismissed the principal application regarding a judgment acquitting the accused due to lack of independent witnesses, finding no infirmity. Another stay of execution application was disposed of after condoning delay.
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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..... Petitioner
Through: Mr. Rajat Katyal, APP with SI Jitender, PS Rani Bagh
versus
RAM AVTAR
..... Respondent
Through:
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R
% 05.08.2016
Crl. M.A. No. 4428/2016
Exemption allowed, subject to all just exceptions. The application stands disposed of.
Crl. M.A. No. 4407/2016
For the reasons stated in the application, the delay in filing the appeal is condoned. The application stands disposed of.
CRL.L.P. 168/2016
The State seeks leave to appeal against the judgment dated 26.11.2015 passed by the learned ASJ-SJ/ NDPS (NW), Rohini Courts, Delhi in case No.7/2015 arising out of FIR No.782/2014. The trial court has acquitted the
accused on the premise that there are no independent witnesses to support the case of the prosecution against the respondent/ accused. The independent witnesses did not see the accused lighting fire or running away from the jhuggi of the complainant. It has also come on record that there was previous enmity between the accused on the one hand and the family members of the complainant on the other hand.
The submission of Mr. Katyal is that the accused was named at the earliest opportunity, namely, in the PCR form. In my view, that by itself cannot pin down the respondent/ accused, since even that information was given by the complainant himself. The respondent has been given the benefit of doubt. I do not find any infirmity in the impugned judgment. Dismissed.
VIPIN SANGHI, J
AUGUST 05, 2016 sr
3 issues framed by the court
Whether the acquittal of the accused lacks independent witnesses and is therefore infirm.
Whether to condone the delay in filing the appeal against the acquittal.
Whether the naming of the accused in the PCR form alone is sufficient to establish identity for trial purposes.
STATE OF NCT OF DELHI
RAM AVTAR
VIPIN SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
