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2019 Supreme(Del) 2319

VIBHU BAKHRU
Sonu @ Shahnawaz – Appellant
Versus
State (NCT Govt. of Delhi) – Respondent


Advocates Appeared:
For the Appellant :Mr. Suhil Kumar Jain with Ms. Krishnashree Devi, Advocate.
For the Respondent: Mr. Amit Gupta, A.P.P., SI Rahul.

JUDGMENT :

VIBHU BAKHRU, J.

1. The present appeal arises out of a judgement dated 31.05.2017 passed by the Learned ASJ, (North-East), Karkardooma Courts, whereby the Appellant has been convicted for the offences under Sections 397/392/411/34 of the Indian Penal Code, 1860 (hereafter ‘IPC’). By an order dated 08.06.2017, the appellant has been sentenced to seven years of rigorous imprisonment for the offence under Section 397 IPC; three years of rigorous imprisonment and fine of Rs.1000/- for the offence under Section 392 IPC and in default, simple imprisonment for one month; and simple imprisonment for six months for the offence under Section 411 IPC and a fine of Rs.500/- and in case of default, to undergo simple imprisonment for fifteen days. All the sentences are directed to run concurrently.

2. The case set up by the prosecution is that on 04.06.2014, at around 3-3:30 AM, two persons (including the appellant) had surrounded the Complainant (Mr. Rohit) near Tikona Park, while he was on his way to the dairy of his employer and had started to take out currency notes out of his pocket. The complainant resisted and as a result, one of the said persons put a knife on the complainant’s b

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