Delhi District Court
State vs Aakash Gupta on 8 May, 2025
IN THE COURT OF MS. TWINKLE WADHWA
ADDITIONAL SESSIONS JUDGE-02 (NORTH EAST)
KARKARDOOMA COURTS : DELHI.
SESSIONS CASE 230/2022
No.
FIR No. 200/2022
PS. Sonia Vihar
U/s. 307/34 IPC & 25 of Arms Act
Instituted on 30.07.2022
Argued on 01.05.2025
Decided on 08.05.2025
Final Order Acquittal
State Vs. 1. Aakash Gupta
S/o Roop Kishore Gupta
R/o T-6, Gali No.7, Gautampuri,
Usmanpur, Delhi
2. Ravi Kumar
S/o Krishna,
R/o House No.27, Gali no.1,
Ambey Enclave, Chauhan Patti, Delhi
3. Baldev
S/o late Mahender Singh
R/o House No.3, Gali No.2,
Mangal Bazar Road, Chauhan Patti, Delhi
SC No. 230/2022 State Vs. Aakash and others page 1 of 15
Digitally signed
by TWINKLE
TWINKLE WADHWA
Date:
WADHWA 2025.05.08
14:56:17
+0530
JUDGMENT
1. By way of this Judgment I shall decide the charges leveled against the accused persons namely Akash Gupta, Ravi Kumar and Baldev.
2. In brief the case of prosecution is that on 09.02.2022, information was received at police station that a boy has been injured with a knife in his abdomen. SI Tarun reached at the spot where one Ashok told him that a PCR has taken injured to the JPC hospital. IO reached at the hospital where he collected MLC of injured Krishna where he was declared unfit for statement and was referred to higher centre. IO met complainant Mahender at hospital and recorded his statement who deposed that he drives an auto. On 09.02.2022 at around 4:30 PM, he alongwith his friend Krishna and Rohit were standing at the shop of Ashok who is jeeja of Krishna They were standing on the service road, first pushta, Sonia Vihar. Krishna received phone call of one Aakash, some dispute regarding money was going on between Krishna and Aakash for quite some time regarding money. Both started arguing on phone and Krishna cut the phone call. After some time, Aakash came to Pushta Main Road and started calling Krishna towards that side. Krishna went towards main road along with 2-3 boys, Mahender and Rohit also went after them. Aakash and other boys along with him took Krishna to the other side of the wall, Krishna and Aakash started arguing with each other. One boy who was with Aakash caught Krishna from the back and Aakash injured the Krishna with a knife in his abdomen. As Krishna tried to escape and run, they caught hold of a leg of Krishna and he fell down. Aakash said SC No. 230/2022 State Vs. Aakash and others page 2 of 15 Digitally signed by TWINKLE TWINKLE WADHWA Date: WADHWA 2025.05.08 14:56:20 +0530 that he will kill him today and again hit Krishna with a knife at his back. Then Mahender called jeeja of Krishna namely Ashok. Then they all went to save Krishna but Akash and the boys with him ran away. Ashok called 100 No. and PCR took him to the hospital.
3. IO recorded statement of injured Krishna on 10.02.2022, statement of other witnesses was also recorded. IO completed the investigation and filed chargesheet.
A. Charge
4. Vide order dated 18.10.2022, charge for committing offence U/s. 307/34 is framed against the accused persons namely Akash Gupta, Ravi @ Ravi Kumar and Baldev to which they pleaded not guilty. A separate charge for committing offence U/s. 4 r/w Section 25 of Arms Act is framed against the accused persons namely Akash Gupta and he pleaded not guilty for the said charge.
B. Prosecution Evidence
5. In support of its case, prosecution has examined 14 witnesses.
6. PW1 Rohit Kumar Mishra has turned hostile and deposed that he did not remember the date and month, however 2-3 years back he received an information from jija of Krishna that he had sustained injuries in quarrel. He visited the house of Krishna to know his condition. Police met him there and SC No. 230/2022 State Vs. Aakash and others page 3 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:24 +0530 noted down his name, address and mobile phone. He did not know anything about the present case.
7. PW2 Ashok Kumar Mishra has also turned hostile and deposed that Krishna is his saala (brother in law). The exact date he did not remember, however, he was running a bike repairing shop at first pusta Sonia Vihar, Delhi. His brother-in-law Krishna was having some hot talks with some person at a few distance from his shop on that day and after some time they left. Later on, after some time, there was some hue and cry on the first pusta Road, and he went there and saw Krishna lying there in injured condition. He made a call to the police. PCR came there and took Krishna to hospital. He could not identify the persons who were having hot talks with his brother in law Krishna as they were standing a few distance from his shop.
8. PW3 Krishna has also turned hostile and deposed that he was an auto driver by profession. On 09.02.2022, at about 4:30 pm, he was passing through first pusta Sonia Vihar and saw that some persons were quarreling with each other. When he tried to inquire the matter, somebody had stabbed him. He fell down and again he was stabbed and he became unconscious. He had not seen the face of the assailants as there were a lot of persons. PW-3 gained consciousness in the hospital. His blood sample was also collected at JPC after some days of the incident at the instance of the police.
9. PW4 Mahender has also turned hostile and stated that Krishna is his friend. PW-4 further deposed that he did not remember the date and month, SC No. 230/2022 State Vs. Aakash and others page 4 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:26 +0530 however 2-3 years back he received an information from jija of Krishna that he sustained injuries in quarrel. Police official had shown him the photograph of accused Ravi in his mobile phone and told him that he is one of the assailants who was involved in this incident with Krishna. PW-4 had identified the said assailant in the TIP conducted on 16.06.2022 at Mandoli Jail at the instance of police officials.
10. PW5 Constable Naveen deposed that at the instance of accused Akash, he along with IO/SI Tarun Kumar reached at Yamuna Khadar, Chauhan Patti and accused Akash got recovered one buttondar knife near a khadda at Yamuna Khadar. IO prepared sketch of the knife (Ex. PW5/A) after measuring the same. On 16.03.2022, on the instruction of IO, PW-5 had taken the injured Krishna to JPC Hospital, where his blood samples were taken by the doctor. Doctor handed over the sealed exhibits along with sample seal to PW5. PW-5 returned back to PS and handed over the same along with the MLC to the IO. IO had taken the same into possession vide seizure memo Ex. PW5/C. PW-5 had correctly identified the knife (Ex. PW5/Art.1), recovered at the instance of accused Akash.
During his cross-examination, PW5 deposed that he did not remember the departure entry number. PW5 further stated that he had returned the seal on the next day to the IO but no documents were prepared in this regard. PW5 further deposed that he was not present at the time of recording of disclosure statement of accused Akash Gupta Ex. PW4/D.
11. PW6 Dr. Sarabjit Singh, Senior Scientific Officer, FSL, Rohini, SC No. 230/2022 State Vs. Aakash and others page 5 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:29 +0530 deposed that on 11.04.2022, 6 sealed parcels were marked to him for examination. PW6 thoroughly checked the sample seals which were intact and tallied with specimen seal. PW-6 had conducted biological and DNA examination of exhibits and his detailed report is Ex. PW6/A.
12. PW7 Tarun deposed that on 09.02.2022, DD No.63A (Ex. PW7/A) was marked to him for necessary action. He along with Constable Dheeraj reached at the spot and came to know that PCR shifted the injured to the hospital. One Ashok Kumar met him who had made PCR call. PW7 called the crime team at the spot. PW-7 left Constable Dheeraj to guard the spot and proceeded to JPC Hospital where he had collected the MLC of Krishna (injured). The injured was unfit for statement and referred to higher centre, i.e. GTB Hospital. PW-7 met with Mahender at the hospital, who was an eye-witness of the incident and he recorded his statement Ex. PW7/A1. Doctor handed over one sealed pulanda along with sample seal stated to contain the clothes of the victim and took the same into police possession vide seizure memo Ex.PW7/B. Crime team reached there and inspected the scene of crime and took photographs by photographer. PW7 lifted exhibits i.e. blood on guaze, blood stained sand and earth control from the spot on the instructions of the crime team. PW7 converted them into pulanda separately and sealed with the seal of TK and same were taken into police possession vide seizure memo Ex. PW7/C, Ex. PW7/D and Ex. PW7/F. He made endorsement Ex. PW7/A2 and handed over it to Constable Dheeraj for registration of the case. PW7 prepared site plan Ex. PW7/G at the instance of the complainant.
PW7 further deposed that on 10.02.2022, accused Akash Gupta was SC No. 230/2022 State Vs. Aakash and others page 6 of 15 Digitally signed by TWINKLE TWINKLE WADHWA Date: WADHWA 2025.05.08 14:56:32 +0530 apprehended by PW7 from DDA Flat Zero Pusta, New Usmanpur at the instance of the secret informer. The accused was extensively interrogated and arrested in the present case at about 12:30 am i.e. on 11.02.2020 vide arrest memo Ex. PW4/B. Personal search of accused was conducted vide memo already Ex. PW4/C and recorded his disclosure statement (Ex. PW4/D). The accused led them to the place of incident. Pointing out memo Ex. PW7/H was prepared. At the instance of accused Akash, they reached at Yamuna Khadar, Chauhan Patti, where the knife was got recovered. PW7 prepared sketch of the knife. On 30.05.2022, accused Ravi Kumar surrendered in the Court, formally interrogated and was arrested vide arrest memo Ex. PW7/I. His personal search was conducted vide Ex. PW7/11. On 06.06.2022, TIP of accused Ravi got conducted and witness Mahender had identified accused Ravi. PW7 obtained TIP proceedings Ex. PW4/E. PW7 recorded the disclosure statement of accused Ravi after his interrogation which is now Ex. PW7/I-2.
PW7 further deposed that on 01.07.2022, at the instance of secret informer, accused Baldev @ Ballu was apprehended and was arrested vide arrest memo Ex. PW7/J. His personal search was also conducted Ex. PW7/K. His disclosure statement was recorded Ex. PW7/L. PW7 had collected the certified copy of CAF and CDR of victim Krishna and accused Ravi and Akash Gupta and analyzed the aforesaid CDRs and reached at the conclusion that the location of victim and accused persons at that time of incident was the same i.e. 1st Pusta, Sonia Vihar, Delhi. The certified copy of the CDR and CAF of victim Krishna Ex.PW7/M and accused Ravi is Ex. PW7/N and accused Akash is Ex.PW7/O. SC No. 230/2022 State Vs. Aakash and others page 7 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:35 +0530 In his cross-examination, PW7 deposed that he had recorded the statement of Rohit and Ashok on the same day in the morning. PW7 received secret information regarding accused Akash at about 10 pm in the PS. He along with Mahender left at 10:15 pm. The accused was coming from the side of DCP office, Zero Pusta, DDA Flats, Usmanpur, Delh and was arrested. He denied the suggestions made by counsel for the accused persons.
13. PW8 ASI Jitender Kumar deposed that on 11.04.2022 on the instructions of the IO, sealed exhibits of the present case sealed with the seal of TK and CMO were sent to FSL, Rohini through Constable Ravinder vide RC. No. 25/21/22. PW8 had made entry No.72/74/200/2022 Ex. PW8/C, Ex. PW8/D and Ex. PW8/E respectively. On 11.04.2022 sealed exhibits were sent to FSL Rohini through Constable Ravinder vide RC No. 25/21/22 and made entry Ex. PW8/F.
14. PW9 Pankaj Sharma is Nodal Officer, Reliance Jio Infocom provided CAF, CDR and Tower Chart Location of mobile no. 8700674152 for the period 09.02.2022. The certified copy is Ex. PW9/A. The aforesaid number was issued to Ravi Kumar son of Krishna Singh.
PW9 HC Dheeraj Panwar deposed that on 09.02.2022, he along with SI Tarun reached the spot, where they noticed blood few distance from the wall at the spot. One Ashok Kumar met them who had made PCR call. SI Tarun asked PW9 to guard the spot and he proceeded to JPC Hospital. SI Tarun came back to the spot. SI Tarun made endorsement Ex. PW7/A2 and handed over it to PW9 for registration of the case. He went to the police station and SC No. 230/2022 State Vs. Aakash and others page 8 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:38 +0530 the FIR was registered. PW9 returned back to the spot along with registration of this case, the investigation of the case was marked to SI Tarun. He along with SI Tarun looked out for accused persons but they were not traceable and then returned back to the PS. After that they proceeded to GTB Hospital from there they went to search of accused persons at Chauhan Patti and other places in vain. They returned back to the GTB Hospital. SI Tarun recorded the statement of Krishna in the hospital. After that they returned back to the police station and IO recorded his statement.
15. PW10 Surender Kumar, Nodal Officer, Bharti Airtel provided CAF, CDR and Tower Chart Location of mobile no.9873564518 for the period 09.02.2022 to 08.06.2022. Certified copy is Ex. PW10/A. The aforesaid number was issued to Aakash Gupta, son of Roop Kishore Gupta.
16. PW11 Ajit Singh, Nodal Officer, Vodafone Idea provided certified CAF, CDR and Tower Chart location of mobile no.9654723814 for the period 09.06.2022. Certified copy is Ex. PW11/A. The aforesaid number was issued to Neelam Tomer wife of Narender Singh Tomar with eKYC.
17. PW12 Dr. Ankit Gupta, CMO deposed that on 09.02.2022, at about 6:15 pm, injured Krishan was brought by PCR with alleged history of physical assault by 10-14 known persons. On local examination following injuries were found on the body:
Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:40 +0530 SC No. 230/2022 State Vs. Aakash and others page 9 of 15
(i) Incised wound over left abdomen approximately size 7x3x2 cm.
(ii) Incised wound over left side of thigh (inner aspect) of size approximately 7x4x4 cm.
(iii) Two incised wound over left side of thigh (outer lateral aspect) of size approximately 5x1x1 cm each.
(iv) Incised wound on both buttock of size approximately 2x1x1 cm each.
After primary treatment PW12 referred the patient to surgery SR of JPC Hospital for further treatment and management. He prepared MLC No.6908 (Ex. PW12/A). The weapon used was sharp in nature.
18. PW13 Dr. Ashok Dua deposed that on 16.03.2022, patient Krishna son of Suresh was brought by Constable Naveen for obtaining his blood sample, which was obtained vide MLC No.7791 is Ex. PW13/A. The sealed samples were handed over to the investigating agency.
19. PW14 HC Ravinder Rathi deposed that on 11.04.2022 HC Jitender has handed over the sealed exhibits and deposited the same in the FSL.
C. Statement of accused U/s 294 Cr.P.C.
20. On 21.04.2025, statement of accused persons namely Aakash, Ravi and Baldev was recorded in which accused persons had admitted FIR No. 200/2022, PS Sonia Vihar (without admitting the contents therein) as Ex.A1, therefore, witnesses at serial no.6, 7, 8 and 10 are dropped from the list of witnesses.
SC No. 230/2022 State Vs. Aakash and others page 10 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:43 +0530 D. Statements of the accused persons U/s. 313 Cr.PC.
21. On 26.04.2025, statements of accused Ravi Kumar, Baldev and Aakash Gupta were recorded and they denied the allegations leveled against them stating that they are quite innocent and did not commit any offence as alleged by the police in this case and nothing has been recovered from their possession.
E. Findings
22. PW3 Krishna is the injured in this case, however he has not supported the case of prosecution. He deposed before the court that on 09.02.2022, at around 4:30 pm, he was passing through first pushta, Sonia Vihar and saw some persons quarreling with each other. When he tried to enquire the matter, somebody stabbed him. As he fell down, he was again stabbed and became unconscious. He had not seen the face of assailants since a lot of persons were present there. He gained his consciousness at the hospital. In his cross examination by ld. APP, he admits his signature on his statement dated 10.02.2022 but denies the contents of his statement.
In his cross examination PW-3 admitted that he had visited Mandoli jail along with Mahender and Rohit on 16.06.2022 where he had participated in TIP proceedings but he states that he had not identified any of the accused persons as he had not seen face of the assailants.
23. FIR is registered on the statement of PW4 Mahender but he is also SC No. 230/2022 State Vs. Aakash and others page 11 of 15 Digitally signed TWINKLE by TWINKLE WADHWA WADHWA Date: 2025.05.08 14:56:46 +0530 hostile to the prosecution case. He stated that he received information from jeeja of Krishna that he has received injuries in the quarrel when he had gone to the house of Krishna to know his condition, police met him there and recorded his particulars, his signatures on some blank papers were also taken. He further deposed that police officials have shown photograph of accused Ravi in their mobile phone and apprised him that he is one of the assailants in the present case. He identified assailants in TIP at the instance of police officials. He identified accused Ravi in the court. He states that he had not seen the incident.
24. Another eyewitness in this case is PW1 Rohit Kumar Mishra who also denies to have witnessed the incident. He is also hostile to prosecution case. He admits that he had gone for TIP along with Mahender and Krishna on 16.06.2022 in Mandoli Jail but he had not identified any of the accused persons in TIP as he has not seen the face of assailants. PW2 Ashok Kumar Mishra is also hostile to the prosecution case. He refuses to have witnessed the incident.
25. A perusal of the statements of public witnesses recorded in this case would show that none of them have supported the case of prosecution, all of them have resiled from their statements recorded u/s 161 Cr.P.C.
26. The convictions must be based on evidence which is credible, trustworthy and directly links accused to the crime When public witnesses become hostile, the primary evidence is weakened or nullified. Corroborating SC No. 230/2022 State Vs. Aakash and others page 12 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:48 +0530 evidence alone, without strong direct evidence, may not meet the legal threshold of proof beyond reasonable doubt.
27. Corroborating evidence refers to secondary or supportive evidence that confirms and strengthens the primary evidence. It cannot replace the need of credible and direct evidence, specially when the primary testimony of a public witness becomes unreliable due to his turning hostile to the prosecution case.
28. The courts must scrutinize the reasons why witnesses turned hostile and then assess whether corroborating evidence can establish the guilt of accused or not. If the corroborating evidence does not conclusively points towards the guilt of accused or only provides circumstantial support, it cannot form basis of conviction. Conviction must be based on reliable and convincing evidence which cannot be entirely inferred from corroborating evidence if the main evidence is unreliable.
29. It is further to be noted that one witness had identified accused during TIP. However, this witness PW4 who had identified accused during TIP had stated in the Court that he identified him at the instance of police officials. He also deposed before the court that police officials had shown photograph of accused Ravi to him in their mobile phone.
30. It was observed in Gireesan Nair vs. State of Kerala in Criminal Appeal no.1864-1865 of 2010 dated 11.11.2022 that TIPs belong to the stage of SC No. 230/2022 State Vs. Aakash and others page 13 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:51 +0530 investigation by the police. It is rule of prudence which is required to be followed in cases where accused is not known to the witness or complainant. The evidence of a TIP is admissible u/s 9 of Indian Evidence Act. However it is not a substantive piece of evidence, rather it is used to corroborate the evidence given by witnesses before a court of law at the time of trial. Therefore TIPs cannot be considered in all the cases as trustworthy evidence on which conviction of accused can be sustained. It was further observed that if identification in TIP has taken place after the accused is shown to the witnesses, then not only is the evidence of TIP inadmissible, even an identification in a court during trial is meaningless.
31. As PW4 deposed that accused was shown to him by police officials in his mobile phone, hence such identification becomes useless. Nor identification in court could be of any help to prosecution. Further convictions cannot be based on TIPs only when such witnesses resile from their statements recorded u/s 161 CrPC and are declared hostile by prosecution.
32. Further FSL result is only corroboratory in nature and cannot be read in isolation at all. Further MLC is also corroborative piece of evidence which can support the case of prosecution. But when all the eyewitnesses have turned hostile, these secondary pieces of evidence are of no help to the prosecution.
33. A recovery of a knife is shown from accused Akash Gupta, however when the main injured has denied that Akash Gupta or any accused persons SC No. 230/2022 State Vs. Aakash and others page 14 of 15 Digitally signed by TWINKLE TWINKLE WADHWA WADHWA Date:
2025.05.08 14:56:54 +0530 had used this knife against him, the recovery of this knife from Akash Gupta seems to be planted as the blood of Akash Gupta was found on this knife as per FSL report. When no offence was committed by accused persons against Krishna with the help of this knife and other prosecution witnesses also have turned hostile, the presence of blood on the knife raises presumption that it could not have been in the custody of Akash Gupta except when planted. Further, there is no independent public person a witness to this recovery. Hence, recovery becomes doubtful. Hence, all the three accused are acquitted of the charges under section 307/341/34 IPC & Sec. 4 r/w Section 25 Arms Act.
F. Conclusion:-
34. All the accused persons are hereby acquitted for the charge under Section 307/341/34 IPC & accused Aakash Gupta is acquitted of charge Section 4 r/w Section 25 of Arms Act also.
Digitally signed by TWINKLEAnnounced in Open Court TWINKLE WADHWA
Date:
th
WADHWA 2025.05.08
as on 8 May, 2025 14:56:58
+0530
( Twinkle Wadhwa )
Additional Sessions Judge-02
North-East, Karkardooma, Delhi
SC No. 230/2022 State Vs. Aakash and others page 15 of 15