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23. PW-17 Ct. Babu Lal deposed that on 20.02.2015, accused persons namely Shyam Gopal Gupta, Anil Kaushik and Basant Goswami alongwith around 30 persons came to the police station and demanded handing over of two accused persons in a kidnapping case and upon refusal, those three above said accused persons started provoking the other persons and called the local MLA and at around 8:30 pm, accused persons Sanjeev Jha, Arun Jha, Neeraj Pathak and driver came to the police station in his Santro car and accused Sanjeev Jha misbehaved and abused Ct. Vikas and accused persons Neeraj Pathak, Shyam Gopal Gupta, and other persons started misbehaving with the police officials and accused Sanjeev Jha then called more of his other supporters and many more persons including accused persons namely Balram Jha, Narender Singh Rawat, Yash Bhatia, Heera Devi reached the police station.

25. PW-19 Inspector Sher Singh proved DD entry No. 49A as Ex.PW19/A and also proved the CD Ex.P1. In his statement u/s 161 Cr.PC, the then SHO Insp. Sher Singh has stated that on 20.02.2015, a large crowd had assembled at PS Burari who were demanding handing over of the accused persons involved in kidnapping case i.e. FIR NO. 231/15 of PS Burari and some persons in the crowd were raising slogans and provoking the crowd and at around 08.30 pm, the MLA of Burari Sanjeev Jha alongwith Neeraj Pathak, Arun Jha and his driver came to the PS and when Ct. Vikas tried to stop the vehicle at the gate, MLA Sanjeev Jha got angry and abused Ct. Vikas. It is further stated in the statement that thereafter accused Neeraj Pathak, Arun Jha, Shyam Gopal Gupta and others used force against SI Ajay and other police staff and in the meanwhile accused Balram Jha, Heera Devi and Yaswant @ Yash Bhatia came to the PS and were raising slogans and were instigating the crowd and at about 09.45 PM - 10.00 PM, MLA Model Town Sh.

37. DW-9 Sh. Jagjeet stated that on the day of the incident there was a peaceful protest going on at P.S Burari in relation to a kidnapping case as police was not taking any action and then at about 5 P.M- 5:30 P.M., Sh. Sanjeev Jha, local MLA of the area also came there and the police official present at the gate of PS Burari stopped the car in which MLA Sanjeev Jha was sitting and started abusing him and

1. Akhilesh Pati Tripathi v. State NCT of Delhi Page No. 30 of 134

2. Nirraj Pathak & Anr.

3. Sanjeev Jha establish the guilt of the accused beyond reasonable doubt but instead had relied on the version of the prosecution. It is thus prayed that the impugned judgment dated 07.09.2022 and order on sentence dated 05.01.2023 be set aside and the appellants be acquitted.

APPEAL FILED BY APPELLANT SANJEEV JHA

25. Similar averments were made in the appeal filed by the appellant Sanjeev Jha. In addition, it was submitted that the appellant and the other accused persons examined 14 defence witnesses to prove their cases which proved that the appellant had left the police station much prior to the alleged incident. The appellant reached the police station and met the SHO and requested them to take action against erring police officials including SI Ajay (PW10) who was IO of the kidnapping case. The appellant had in fact pacified the crowd gathered in the police station and requested them to leave the police station as the police had assured to take action against the erring police officials and thereafter, the appellant left the police station much prior to the alleged incident. It is averred that PW1 Ct. Vikas had not attributed any role qua the appellant Sanjeev Jha. It is submitted that the Ld. Trial Court had wrongly appreciated the evidence of PW4 Ct. Rakesh in as much as he had stated in his evidence before the Court that he could identify the appellant whereas he was unable to identify the appellant who was present in the Court during evidence. Further, the statement of PW4 under Section 161 Cr.P.C. was recorded by the police twice, that is on 21.02.2015 and 14.05.2015 after 3 months of the alleged