State v. Shajid

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 197/2018 STATE .....Petitioner Through:

Mr. Sunil Kumar Gautam, APP for the State Inspector Rajiv Kumar, PS- Hazrat Nizamuddin Railway Station versus SHAJID .....Respondent Through:

Mr.

Prasanta Varma, CGSC with Ms. Prativa Varma, Ms.

Pragya Varma, Mr.

Himanshu Mittal & Ms. Richu, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 10.07.2025 CRL.M.A. 5738/2018 (for condonation of delay) 1.

For the reasons mentioned in the application, the same is allowed.

2.

The delay of 91 days in filing the appeal stands condoned. 3.

The application stands disposed of.

CRL.L.P. 197/2018 4.

The present petition is filed seeking leave to appeal against the judgment dated 23.09.2017, passed by the learned Additional Sessions Judge, Central District, Tis Hazari Courts pursuant to which respondent was acquitted for offences under Sections 392/394/397/34 of the Indian Penal Code, 5.

The learned Additional Public Prosecutor for the State submits that though the victim had correctly identified the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2025 at 12:31:31

respondent but the respondent was acquitted as the learned Trial Court found minor discrepancy in the testimonies of the victims. 6.

He submits that there were three victims being PW-I, PW9 and PW-10 who had narrated the incident in a similar manner, however, as per the learned Trial Court, there were discrepancies with regard to the exact location of the incident. He submits that the same was not fatal to the case of the prosecution. 7.

The matter requires consideration.

8.

The leave to appeal is granted.

9.

Appeal is directed to be numbered as CRL. L.A. ......... (to be numbered).

10.

The present petition is disposed of in the aforesaid terms. CRL. L.A. ......... (to be numbered) 11.

Issue notice returnable on 18.08.2025.

AMIT MAHAJAN, J JULY 10, 2025 "SS"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2025 at 12:31:31