STATE Vs. MOHD. ASLAM

JUDGEMENT

(1.) Present criminal leave petition has been filed on behalf of the State challenging the judgment and order of acquittal dated 6th July, 2019 passed by Additional Sessions Judge (FTC), North-West District, Rohini Courts, Delhi, whereby the respondent-accused No. 2 has been acquitted of all charges arising out of FIR No. 144/2012 registered with Police Station Maurya Enclave. The relevant portion of the impugned judgment is reproduced hereinbelow:-

(2.) Learned counsel for the State submits that the Trial Court failed to appreciate that two witnesses namely Lalit Kumar (PW-10) and Krishan Kumar (PW- 22) had identified the accused No. 2/respondent as the last person who was sitting on the driver seat of the Bolero car.

(3.) The Trial Court in its impugned judgment with regard to the identification has held as under: