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2015 Supreme(Del) 225

A.K.PATHAK
Jitender @ Jeetu – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
For the Appellants:S.H. Ansari, Umardeen, Advocates.
For the Respondent: Yogesh Verma, APP.

Judgment :-

1. Both the appeals arise from the same incident, FIR and judgment, thus, are being disposed of together.

2. Appellants have been convicted under Section 392 read with Section 34 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo rigorous imprisonment of two years with fine of Rs. 2,000/- each and in default of payment of fine to undergo rigorous imprisonment of three months by the trial court vide judgment dated 15th December, 2010 and order on sentence dated 20th December, 2010. Appellant Jitender has also been convicted under Section 397 IPC and sentenced to undergo rigorous imprisonment of seven years with fine of Rs. 2,000/- and in default of payment of fine to undergo rigorous imprisonment of three months. Benefit of Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has also been extended to the appellants.

3. Aggrieved by this conviction as also the sentences awarded to them appellants have preferred above appeals. Prosecution story, as unfolded, is that complainant Shri Dheeraj Chand was going from Model Town to his house on 22nd April, 2010 after completing his duty and when he reached near Azadpur Metro Station at about 10 pm, appellants,















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