State vs Pradeep @ Sonu & Ors on 20 May, 2026

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    Delhi High Court

    State vs Pradeep @ Sonu & Ors on 20 May, 2026

                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              %                                    Judgment reserved on: 18.05.2026
                                                                   Judgment pronounced on:20.05.2026
    
                              +      CRL.A. 260/2018
                                     STATE                                              .....Appellant
                                                          Through:      Mr. Utkarsh, APP for State with SI
                                                                        Jasbir Malik
    
                                                          versus
    
                                     PRADEEP @ SONU & ORS                                 .....Respondents
                                                  Through:              Mr. Harsh Prabhakar, Advocate
                                                                        (DHCLSC) with Mr. Shubham
                                                                        Sourav and Mr. Vijit Singh,
                                                                        Advocates for Respondent Nos. 1 and
                                                                        2
                              CORAM:
                              HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
    
                                                          JUDGMENT
    

    CHANDRASEKHARAN SUDHA, J.

    1. This appeal under Section 378 of the Code of Criminal

    SPONSORED

    Procedure, 1973 (the Cr.P.C.) has been filed by the

    respondent/State in Sessions Case No. 127/2015 on the file of

    Additional Sessions Judge-04, Dwarka Courts, New Delhi,

    assailing the judgment dated 27.03.2015 as per which all the three

    CRL.A. 260/2018 Page 1 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    accused persons have been acquitted of the offence punishable

    under Section 397 read with Section 34 of the Indian Penal Code,

    1860 (the IPC). A2 has also been acquitted of the offence

    punishable under Section 411 IPC.

    2. The prosecution case is that on 13.01.2012 at about

    09:45 p.m., between Dhaula Kuan petrol pump and Mazar of Pir

    Baba, National Highway No. 08, Delhi Cantonment (Cantt.),

    Delhi, the three accused persons in furtherance of their common

    intention, robbed PW2 of a Sony Ericson mobile phone and

    ₹1700/-, and while committing robbery caused grievous hurt to

    him using a deadly weapon, thereby committing an offence

    punishable under Section 397 read with Section 34 IPC. It is

    further alleged that the second accused (A2) dishonestly retained

    in possession the stolen Sony Ericson mobile phone, INE no.

    352068012340726, knowing it to be stolen property and thereby,

    committed an offence punishable under Section 411 IPC.

    CRL.A. 260/2018 Page 2 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49

    3. On the basis of Ext. PW2/A FIS/FIR of PW2, given on

    13.11.2012, Crime No. 18 of 2012, Delhi Cantt. Police Station,

    that is, Ext. PW8/A FIR was registered by PW1, Constable. PW16,

    Assistant Sub Inspector, conducted investigation into the crime and

    on completion of the same, filed the charge-sheet/final report

    alleging commission of the offence punishable under the aforesaid

    Sections.

    4. When all the three accused persons (A1 to A3) were

    produced before the trial court, the copies of the prosecution

    records were furnished to them as contemplated under Section 207

    Cr.P.C. Vide order dated 10.05.2012, the matter was committed

    under Section 209 Cr.PC to the Sessions Court concerned for trial.

    5. On appearance of A1 to A3 and after hearing both

    sides, the trial court as per order dated 12.09.2012, framed a

    Charge under Section 397 IPC read with 34 IPC, which was read

    over and explained to A1 to A3, to which they pleaded not guilty. A

    CRL.A. 260/2018 Page 3 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    separate Charge under Section 411 IPC was also framed against

    A2, to which he pleaded not guilty.

    6. On behalf of the prosecution, PWs. 1 to 16 were

    examined and Ext. PW 2/A-B, Ext. PW 3/A-F, Ext. PW 4/A, Ext.

    PW 6/A-C, Ext. PW 7/A-B, Ext. PW8/A, Ext. PW9/A-H, PW

    10/A-D, PW 12/A,PW 13/A-C,PW 15/A, PW 16/A-B and Mark A

    were marked.

    7. After the close of the prosecution evidence, A1 to A3

    were questioned under Section 313(1)(b) Cr.P.C. regarding the

    incriminating circumstances appearing against them in the

    evidence led by the prosecution. They denied all those

    circumstances and maintained their innocence. They submitted that

    they have been falsely implicated in the present case.

    8. After questioning A1 to A3 under Section. 313(1)(b)

    Cr.P.C., compliance of Section 232 Cr.P.C. was mandatory. In the

    case on hand, no hearing as contemplated under Section 232

    CRL.A. 260/2018 Page 4 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    Cr.P.C. is seen done by the trial court. However, non-compliance

    of the said provision does not, ipso facto vitiate the proceedings,

    unless omission to comply with the same is shown to have resulted

    in serious and substantial prejudice to the accused (See Moidu K.

    vs. State of Kerala, 2009 (3) KHC 89 : 2009 SCC OnLine Ker

    2888). Here, A1 to A3 have no case that non-compliance of

    Section 232 Cr.P.C has caused any prejudice to them.

    9. No oral or documentary evidence was adduced by the

    accused persons in support of their case.

    10. Upon consideration of the oral and documentary

    evidence and after hearing both sides, the trial court, vide the

    impugned judgment dated 27.03.2015, acquitted A1, A2 and A3

    under Section 235(1) Cr.P.C. of the offence punishable under

    Section 397 IPC read with 34 IPC. A2 has also been acquitted of

    the offence punishable under Section 411 IPC. Aggrieved, the

    respondent/State has preferred this appeal.

    CRL.A. 260/2018 Page 5 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49

    11. It was submitted by the learned Additional Public

    Prosecutor that the impugned judgment is contrary to the facts and

    circumstances of the case, is bad in law as the trial court has failed

    to appreciate the materials on record and, therefore, liable to be set

    aside.

    12. It was submitted by the learned counsel for the

    appellants/A1 to A3 that there is no infirmity in the judgment

    calling for an interference by this Court.

    13. Heard both sides and perused the materials on record.

    14. The only point that arises for consideration in this

    appeal is whether there is any infirmity in the impugned judgment

    calling for an interference by this Court.

    15. I will first refer to the oral and documentary evidence

    relied on by the prosecution in support of the case. Ext. PW2/A,

    the FIS/FIR of PW2 recorded on the date of the incident, i.e.,

    13.11.2012, reads thus:”I have been working as a driver of Accent

    CRL.A. 260/2018 Page 6 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    car bearing registration no. DL-1RX-6805 with Easy Cab. Today,

    through Easy Cab, I picked up passengers from Rani Bagh to

    Dhaula Kuan. I dropped the passengers at the Dhaula Kuan petrol

    pump. At around 09:30 p.m., three boys standing at the same petrol

    pump requested me to take them to the airport, stating that they

    would otherwise miss their flight. I let them board the vehicle.

    Before ascending the flyover, near Peer Baba, the boy sitting next

    to me said he needed to attend the call of nature, so I stopped the

    vehicle. The boy sitting next to me got down, came towards my

    door, and opened it. The two boys sitting in the back pulled me into

    the rear seat, and the boy standing outside sat on the driving seat

    and started driving the car himself. One of the two boys sitting in

    the back pressed a knife-like object against the right side of my

    stomach and directed me to hand over whatever I had. I took out

    my Sony Ericsson mobile phone bearing no. 9871324828 and

    ₹1700/- in cash from my pocket to give to them. While doing so, he

    CRL.A. 260/2018 Page 7 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    moved the knife-like object away from my stomach, struck it

    against my right thigh, and told me to hurry up. I handed over my

    phone and money to them. They also took my driver’s license,

    which was kept on the dashboard. I was asked to get down

    approximately 100 meters before the Mohan Nagar Red Light.

    They fled from the spot, leaving my car bearing registration no.

    DL-1RX-6805, a little further ahead, just before the red light. The

    person who was driving the car had a round face, wheatish

    complexion, a strongly built body, height approximately 5 feet 6

    inches, and age 26 to 27 years. The age of those sitting in the back

    was approximately 20 to 22 years. The person who stabbed me

    with a knife had a long face, wheatish complexion, thin build, was

    wearing a shirt-pant, and a jacket over it. I can identify them if

    brought before me. These boys, while threatening me with a knife

    placed on the right side of my stomach and right thigh, have

    CRL.A. 260/2018 Page 8 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    robbed me of my mobile phone and money. Legal action should be

    taken against them.”

    16. PW2, the injured, when examined before the trial,

    deposed that on 13.01.2012, he was working as a taxi driver of taxi

    no. DL-1RX-6805. He had picked up a passenger from Pitampura,

    Rani Bagh and dropped him at Dhaula Kuan. At Dhaula Kuan,

    three persons approached him and asked whether he could take

    them to the Airport. He informed them that the fare would be ₹20/-

    per kilometre. They agreed and boarded his taxi. Two of them

    occupied the rear seat while one sat beside him in the front seat.

    While passing the flyover near Subroto Park, one of the accused

    persons requested him to stop the vehicle, stating that he had to

    answer the call of nature. When he stopped the vehicle, the person

    seated in front got down, approached him near the driver’s seat and

    asked him to sit in the rear seat, where the other two persons were

    already seated. He was pulled into the rear seat by the two persons

    CRL.A. 260/2018 Page 9 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    sitting behind. The person, who had been seated in front, took

    control of the vehicle and began driving. The two persons, seated

    beside him, demanded all valuables in his possession. He pleaded

    with them to take whatever he had and requested them not to injure

    him. One of the persons stabbed him on his stomach when he

    resisted the attempt to pull him out of the driver’s seat, and he was

    stabbed in his thigh while he was sitting on the rear seat. His purse,

    Sony Ericsson mobile phone model J-230i, silver ring, cash

    amounting to ₹1700/-, and driving licence were snatched by them.

    After taking the cash and the licence from the purse, they threw the

    empty purse back into the vehicle. They also removed the SIM

    from his mobile phone and took it with them. They dropped him

    near the flyover at the airport and thereafter abandoned his taxi

    approximately 200 meters away near a red light. He went to the

    taxi stand at the airport and informed the police. He was taken to

    the Safdarjung Hospital, where his Ext. PW2/A statement was

    CRL.A. 260/2018 Page 10 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    recorded by the Investigating Officer (PW16). PW2 identified

    Pradeep @ Sonu (A1) as the person who had driven the taxi and

    Raju Thappa (A2) as the person who had held him on the rear seat

    and stabbed him in the stomach and thigh. PW2 was unable to

    identify A3 as the latter was sitting behind him. PW2 also

    identified the recovered case property, namely, the Sony Ericsson

    mobile phone model J-230i.

    16.1. PW2, in his cross-examination, initially deposed that he

    had never seen the accused persons in the police station and that he

    had seen them for the first time when they appeared before the

    Court. However, he admitted that when his mobile phone had been

    recovered, he was called by the police to the police station and in

    the presence of police officials, he identified his mobile phone as

    well as two of the accused persons. PW2 also admitted that he was

    called to the office of the Special Staff, Sector-16B, Dwarka,

    where he had identified the accused persons.

    CRL.A. 260/2018 Page 11 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49

    17. PW4, Sub Inspector, Delhi Cantonment police station,

    deposed that on 13.01.2012, when he was on emergency duty, he

    received DD No. 39A, pursuant to which he along with PW1 went

    to the parking of Easy Cab Domestic Airport. He found the

    Hyundai Accent car of Easy Cab bearing registration no. DL-lRX-

    6805 parked there. He saw that there were blood stains on the rear

    seat of the car. He came to know from the fellow taxi drivers that

    the injured had already been taken to Safdarjung hospital by the

    police. He, alongwith PW1, went to Safdarjung hospital, where

    PW2 the injured was admitted vide MLC no. 6463/12. He recorded

    Ext. PW2/A the statement of PW2. He returned to the spot, that is,

    the parking area of Easy Cab at the Domestic Airport. At about

    12.30 a.m., Sub Inspector Satish (PW12) and PW1 also reached

    the spot. As directed by the Station House Officer, the

    investigation of the case was entrusted to PW12, who prepared the

    site plan of the place of occurrence.

    CRL.A. 260/2018 Page 12 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49

    18. PW5, Dr. Shobhna Gupta, Senior Medical Officer,

    Safdarjung Hospital, New Delhi, deposed that Dr. Aijaz Iqbal, who

    had prepared the MLC, had left the hospital and his present

    whereabouts were not known. PW5 identified the handwriting and

    signature of Dr. Aijaz Iqbal on Ext. PW2/B MLC of PW2. PW5

    deposed that Dr. Aijaz Iqbal had opined the nature of injuries as

    “simple and sharp.”

    19. PW9 and PW10, the Metropolitan Magistrates (MM),

    Dwarka Courts, New Delhi, were examined to prove the Test

    Identification Parade (TIP) proceedings. PW9 deposed that on

    24.02.2012, Ext. PW9/A, application had been moved by PW16,

    ASI, Vijay Vihar police station for conducting the TIP of Vicky

    K.C (A3). A3 declined to participate in the TIP proceedings. On

    01.03.2012, Ext. PW9/E application was moved by PW16 for

    conducting TIP of A2. A2 also declined to participate in the TIP

    proceedings. PW10 deposed that on 25.02.2012, Ext. PW10/A

    CRL.A. 260/2018 Page 13 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    application was moved by PW16 for conducting TIP proceedings

    of A1. However, A1 refused to participate in the TIP proceedings.

    20. PW16, the Investigating Officer, deposed regarding the

    various steps taken by him during the course of the investigation.

    PW16 in his cross-examination admitted that no recovery had been

    effected by him or in his presence.

    21. When an acquittal has been recorded by the trial court,

    the appellate court ought not to interfere unless the findings are

    perverse, manifestly erroneous, or based on a misappreciation of

    material evidence. If the view taken by the trial court is a plausible

    and reasonable view on the evidence, the same does not warrant

    interference merely because another view is possible. (See

    Chandrappa & Ors vs. State of Karnataka, 2007 (4) SCC 415).

    22. The prosecution has sought to establish the

    involvement of A1 to A3 primarily through the testimony of PW2.

    It is settled law that the testimony of an injured witness carries

    CRL.A. 260/2018 Page 14 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    great evidentiary value. However, such testimony must still inspire

    confidence and must be corroborated by surrounding

    circumstances when material inconsistencies or deficiencies appear

    in the prosecution case. In the case on hand, PW2 was unable to

    identify A3 as there were no materials on record against him and

    therefore, the trial court rightly acquitted him.

    23. Now coming to A1 and A2. According to PW2, two of

    the accused persons who had robbed and caused injuries to him

    were A1 and A2. PW2 admittedly had no prior acquaintance with

    A1 and A2. PW2 in his cross-examination categorically admitted

    that he had seen A1 and A2 twice in the police station and had

    identified them. It was in such circumstances that A1 and A2

    declined to take part in the TIP. Therefore, identification of A1 and

    A2 by PW2 in the box is quite doubtful.

    24. Now, coming to the recovery of the phone of PW2

    from A2. The prosecution relies on the testimony of PW13 and

    CRL.A. 260/2018 Page 15 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    PW14. PW13, Sub-Inspector, Delhi Cantonment police station,

    deposed that on 20.02.2012 – 21.02.2012, he along with his team

    had arrested A1 and A2 along with two other persons in crime no.

    42/2012 registered at Delhi Cantonment police station under

    Sections 399, 402 IPC and Sections 25, 27 of the Arms Act. He

    had recorded the disclosure statements of A1 and A2 vide Ext.

    PW13/A and Ext. PW13/B. He also deposed that from the

    possession of A2, a mobile phone of the make Sony Ericson had

    been recovered as per Ext. PW13/C the seizure memo. PW14,

    Head Constable, Delhi Cantonment police station, deposed that he

    was in the team along with PW13 when A1 and A2 were arrested.

    PW13 recorded Ext. PW13/A, PW13/B disclosure statements of

    A1 and A2. However, in the cross-examination, PW14 deposed

    that nothing had been recovered from A1 and A2 in his presence.

    Therefore, the testimony of PW13 and PW14 are inconsistent and

    CRL.A. 260/2018 Page 16 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49
    contradictory regarding the alleged recovery of the stolen phone

    from the possession of A2.

    25. Moreover, the disclosure statements seen marked as

    Ext. PW13/A and Ext. PW13/B are totally inadmissible statements

    due to the bar contained under Section 25 of the Indian Evidence

    Act, 1872. In these circumstances, the trial court was right in

    finding that there is no satisfactory evidence to find A1 to A3

    guilty of the offences charged against them.

    26. No ground for interference into the impugned judgment

    has been made out.

    27. In the result, the appeal sans merit is dismissed.

    28. Application(s), if any, pending shall stand closed.

    CHANDRASEKHARAN SUDHA
    (JUDGE)
    MAY 20, 2026/rs/mj

    CRL.A. 260/2018 Page 17 of 17

    Signature Not Verified
    Signed By:RAMAN
    SHARMA
    Signing Date:20.05.2026
    15:33:49



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