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2020 Supreme(Del) 1216

MUKTA GUPTA
Mukesh @ Vicky – Appellant
Versus
State – Respondent


Advocates Appeared:
Aditya Wadhwa, Advocate, Harshitha K Reddy, Advocate, Amit Gupta, Advocate

JUDGMENT

Mukta Gupta, J. - By this appeal, appellant Mukesh @ Vicky challenges the impugned judgment dated 7th December 2011 wherein he was convicted for offence punishable under Section 397 IPC in FIR No. 190/2009 registered at PS Dwarka and the order on sentence dated 7th December 2011 whereby the appellant was directed to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/-, in default whereof to undergo simple imprisonment for a period of three months.

2. Assailing the conviction, learned counsel for the appellant contends that the differing statements of the complainant belies the case of the prosecution. There are various contradictions in her complaint, her statement before the police and her statement before the court. He contends that the complainant has increased the articles looted from her and her friend Deepak in each of her statements. The complainant in her complaint mentioned about a girl who was tall, thin and fair complexioned while in her later statements there is no mention of the said girl. He further contends that there was no mention of the use of knife in the complaint and it was only a later improvement which casts a dou

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