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2016 Supreme(Del) 1678

SUNITA GUPTA
Harish Kumar – Appellant
Versus
State – Respondent


Advocate Appeared:
Mr. Ashok Soni & Mr. S.S. Chugh, Advocates
Mr. Hirein Sharma, APP for the State

JUDGMENT :

Sunita Gupta, J.

1. Feeling aggrieved by the judgment dated 20th August, 2011 passed by the Special Judge (PC Act)-06, Tis Hazari, Delhi in CC No.185/09 vide which appellant Sahib Singh was convicted under Section 7, 13(1)(d) punishable under Section 13(2) of the POC Act, 1988 r/w Section 120B of IPC and accused Harish guilty under Section 7 of POC, 1988 Act r/w Section 120B of IPC and order on sentence dated 8th September, 2011 vide which both the appellants were sentenced to undergo RI for a period of one year with fine of Rs.5,000/- in default to undergo simple imprisonment for further period of 3 months, separate appeals bearing nos. 1225/2011 and 1222/2011 have been preferred by them.

2. During the pendency of the appeal, Sahib Singh expired on 10th December, 2012 and vide order dated 15th April, 2013, his legal heirs were allowed to continue with the appeal to be decided on merits.

3. Succinctly stated, prosecution case is as follows:-

On 6th May, 2005, complainant Somi, S/o Chander Bhan came to Anti Corruption Branch, Delhi and gave a statement alleging inter alia that on 5th May, 2005, he along with his cousin brother Raj Kumar was going to Clock Tower, Shakti Nagar f







































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