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Offence complained of or proved : U/s 286 of IPC and Section 9B of The Explosives Act, 1884.

Plea of the accused               :   Pleaded not guilty

Final order                       :   Acquitted

Date when reserved for judgment : 24.08.2023 Date of judgment : 06.10.2023 BRIEF STATEMENT OF THE FACTS FOR DECISION:

1. The present case pertains to prosecution of accused Kapil (hereinafter referred to as the accused), pursuant to charge sheet filed qua him under Section 286 of IPC and Section 9B of The Explosives Act, 1884 (hereinafter IPC and 'the Act' for the sake of brevity) subsequent to the investigation carried out at P.S:

APPRECIATION OF EVIDENCE AND CONSEQUENT FINDINGS:

14. Arguments adduced by Ld. APP for State and Ld. Counsel for accused have been heard. The evidence and documents on record have been carefully perused.

15. I have bestowed my thoughtful consideration to the rival submissions made by both the parties. Accused Kapil has been indicted for the offence u/s u/s 286 of IPC and Section 9B of The Explosives Act, 1884.

16. Section 286 IPC provides punishment to a person who does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance. Furthermore, section 9B of The Explosives Act, 1884, in relation with the conditions of license, is reproduced as follows:

32. There is no gainsaying that if two reasonably probable and evenly balanced views of the evidence are possible, one must necessarily concede to the existence of a reasonable doubt. The aforementioned lacunae in the story of the prosecution render the version of the prosecution doubtful, leading to the irresistible conclusion that the burden of proving the guilt of the accused beyond reasonable doubt has not been discharged by the prosecution. Thus, this Court is of the opinion that the prosecution has failed to bring on record any cogent evidence in order to prove the commission of and guilt of the accused for offence u/s u/s 286 of IPC and Section 9B of Explosive Act, 1884 beyond reasonable doubt, thus, entitling the accused person to benefit of doubt and acquittal.

33. Accordingly, this Court hereby accords the benefit of doubt to the accused for the offence u/s u/s 286 of IPC and Section 9B of Explosive Act, 1884 and holds the accused not guilty of commission of the said offence. Accused Kapil is thus, acquitted of the offence u/s u/s 286 of IPC and Section 9B of Explosive Act, 1884.

34. Copy of this judgment be given free of cost to the accused.

Announced in the open court
on 06.10.2023, in presence of
accused and Ld. Counsel for
accused.                                                    Digitally signed
                                                            by APOORVA
                                               APOORVA      RANA
                                               RANA         Date:
                                                            2023.10.06
                                                            15:33:04 +0530

                                          (APOORVA RANA)
                                M.M-10/Dwarka Courts/06.10.2023