Ensure Proper Scrutiny Before Matters Are Sent For Seeking Leave To Appeal By State: High Court To Delhi Government

The Delhi High Court has told the Delhi Government to ensure that a proper scrutiny is carried out before the matters are sent to it for seeking leave to appeal by the State.

Justice Mukta Gupta was dealing with a plea filed by the State seeking leave to appeal against a judgment dated 12th February, 2020 wherein two men, the respondents in the matter, were acquitted for offences under Section 397 (robbery, or dacoity, with attempt to cause death or grievous hurt) and 34 of IPC.

It was the case of the prosecution that the complainant, one Raj Kumar, had hired a taxi in the year 2011 in which three persons were already sitting besides the driver.

It was his case that after sitting inside the car, the person sitting near to the driver seat pointed a knife towards him and asked him to handover his belongings. However, since he had no amount with him, the person who was sitting next to the driver's seat, hit him with a fist blow on his nose.

It was also alleged that he was attacked by knives on his thighs by the two assailants who were sitting on the rear seat next to him.

It was thus the case of the State that the trial court erred in acquitting the respondents who were sitting on the driver seat and the front seat next to the driver of the vehicle, for offence punishable under Sections 397 and 34 IPC even though they were convicted under Section 393 (attempt to commit robbery) IPC. It was prayed that the two men be convicted.

The Court was of the view that the Respondents had not used any deadly weapon and it was a well settled proposition of law that Section 397 IPC cannot be invoked with the aid of Section 34.

Placing reliance on the Supreme Court's judgment in Phool Kumar v. Delhi Administration, followed subsequently, the Court dismissed the petition by observing thus:

"Since the respondents are not the accused who used the deadly weapons, they cannot be held vicariously liable and convicted for the offence punishable under Section 397 IPC with the aid of Section 34 IPC."

It added:

"Copy of this order be sent to the Secretary, Law and Justice, Government of NCT of Delhi so that it is ensured that a proper scrutiny is carried out before the matters are sent to High Court for seeking leave to appeal by the State."

Case Title: STATE v. RAHUL @ SHANKY & ANR.

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