STATE OF NCT OF DELHI Vs. RAKESH SEHRAWAT

JUDGEMENT

(1.) A Petition under Sec. 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") has been filed on behalf of the Petitioner/State seeking Leave to Appeal against the Judgment dtd. 15/12/2016, passed by learned ASJ-03, Saket Courts, New Delhi in case FIR No.435/2010 titled as "State vs. Rakesh Sehrawat & Anr." whereby learned ASJ has acquitted the Respondents/Rakesh and Pawan Sehrawat for the offences under Sec. 323/427/308/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) It is submitted in the Petition that the learned Trial Court has committed grave error while relying upon the testimony of the Respondent/Accused and not placing reliance upon the testimony of the Prosecution regarding involvement of the Respondent in the commission of offence. Furthermore, the learned Trial Court had committed error in not appreciating the testimony of PW3 and PW4 who categorically deposed about the sequence of events and incident and also the role played by each of the accused in causing injuries on their person and also damage to the vehicle of PW3, the Complainant. The learned Trial Court has also failed to appreciate that there was no motive or reason for the Complainant to falsely implicate the accused persons and to damage his own vehicle.

(3.) It is submitted that the impugned Judgment has been passed in a mechanical manner ignoring the sufficient material available on record for the conviction of the Respondents. Submissions heard.