State v. Sushant
Case brief
What is this about?
Court dismissed State's appeal against acquittal in criminal trial for attempted murder and arms offences, holding trial court correctly gave accused benefit of doubt due to unreliable witness testimony and lack of forensic link.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 505/2018
STATE ..... Petitioner Through: Mr. Kewal Singh Ahuja, APP
versus
SUSHANT …Respondent Through: None.
CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL
O R D E R % 01.10.2018
- The State seeks leave to appeal against the impugned judgment dated 21st April 2018 passed by the learned Additional Sessions Judge (North East), Karkardooma Courts, Delhi in SC No.164/2016 arising out of FIR No.845/2015 registered at Police Station (PS) Seelampur acquitting the Respondent of the offences under Sections 307 IPC and Section 25/27 of Arms Act.
- The case against the Respondent was that he had on 12th November, 2015 at around 10/10.30 pm injured Mukesh (PW3) by firing upon him with a fire arm. The case hinged on the deposition of PW3 himself i.e. the injured eye witness. According to PW3 when he left
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Issues for consideration
2 issues framed by the court
Whether the Special Public Prosecutor had made out sufficient grounds to interfere with the trial court's acquittal.
Whether the imperfections and contradictions in the sole eye-witness testimony warrant setting aside the acquittal.
Parties & counsel
- petitioner
STATE
- respondent
SUSHANT
Coram
S. MURALIDHAR
Case details
As recorded by the court registry
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