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2019 Supreme(Del) 2233

VIBHU BAKHRU
Vinay – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:Ms. Naomi Chandra, Advocate (DHCLSC).
For the Respondent: Ms. Amit Gupta, A.P.P.

JUDGMENT :

VIBHU BAKHRU, J.

1. The appellants have filed the present appeals impugning a judgment dated 23.11.2015, whereby they have been convicted of the offences under Sections 394/34 of the Indian Penal Code, 1860 (IPC). The appellant in Crl.A.63/2016 (Rahul @ Chirmanti) has also been convicted of an offence under Section 397 IPC.

2. The appellants have also impugned an order dated 30.11.2015, sentencing them to rigorous imprisonment for seven years and a fine of Rs.10,000/- each for the offence under Section 394 IPC. And, in default of payment of fine, to simple imprisonment for a period of three months.

3. The impugned judgment was rendered in connection with a case arising from FIR no.397/2013 under Sections 394/397/34 of the IPC, registered with P.S. North West Delhi. The said FIR was registered at the instance of one Mr Sanika Munda. He had reported that on the intervening night of 05.09.2013 and 06.09.2013, at about 12 AM, he and his brother Rahul Soy (who deposed as PW-6) were caught by three robbers near a public toilet, M-Block, Shakur Pur at Road no.43, Near DDA Office, A-Block. He stated that he was carrying a bag containing Rs.2,100/- in cash, some clothes and one LG mo

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