Delhi High Court - Orders
State (Nct Of Delhi) vs Mohd.Shadab & Anr on 26 May, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 81/2020
STATE (NCT OF DELHI) ..... Petitioner
Represented by: Mr.Tarang Srivastava, APP for State
with W/SI Gunjan, PS Bhajan Pura.
versus
MOHD.SHADAB & ANR. ..... Respondents
Represented by: Mr.Ajay Verma, Advocate for R-1.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 26.05.2022 CRL.L.P. 81/2020
1. The two primary reasons on which the learned trial Court acquitted the respondents for offences punishable under Sections 363/366A/376(2)(f)/ 376(2)(g)/307/34 IPC were that the eye witness PW3 turned hostile and secondly, the blood sample from the accused which tallied with the blood sample of the frock of the victim was taken subsequently.
2. A perusal of the testimony of PW3 would reveal that when PW3 was examined-in-chief before the learned trial Court on 25th October, 2013, he supported the case of the prosecution. However, on cross-examination conducted in April, 2014, he turned hostile.
3. Thus, it has to be looked into as to whether the view taken by the learned Trial Court is a plausible view discarding the evidence of PW3 in his examination-in-chief. Further, even if the blood sample was taken again from the accused person, the same would not change the allelic constitution and as per the FSL report, which has been exhibited as Ex.C-1, the blood found on the frock of the victim was found similar to the DNA profile generated from Ex.8 i.e. blood gauge of accused Mohd. Miyan.
4. Consequently, this Court deems it fit to grant the leave to appeal.
5. Petition is disposed of granting leave to appeal.
CRL.APPEAL No. ........./2022 (to be numbered)
1. Registry to number the appeal.
2. List in due Course.
3. In the meantime, the two respondents will furnish the personal bond in the sum of ₹15,000/- each with one surety each of the like amount with the Joint Registrar (Criminal) of this Court within eight weeks. Personal bond will also indicate the residential address as also the mobile phone number of the respondents and in case of change of residential address and/ or mobile number of the respondents pending hearing in the appeal, the same will be intimated to this Court by way of an affidavit.
4. Order be uploaded on the website of this Court.
MUKTA GUPTA, J MINI PUSHKARNA, J MAY 26, 2022/PB