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2020 Supreme(Del) 1016

MANOJ KUMAR OHRI
Anil @ Sunil @ Senior – Appellant
Versus
State – Respondent


Advocates Appeared:
Kanhaiya Singhal, Advocate, Chetan Bhardwaj, Advocate, Prasanna, Advocate, Pratiksha Tripathi, Advocate, Radhika Kolluru, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present appeal is preferred under Section 374(2) read with Section 482 Cr.P.C. on behalf of the appellant Anil @ Sunil @ Senior challenging the judgment on conviction dated 29.08.2019 and order on sentence dated 31.08.2019 passed by the Addl. Sessions Judge, North District, Rohini Courts, New Delhi in SC No. 58293/2016 arising out of FIR No. 226/2008 registered under Sections 392/397/411/34 IPC at Police Station Rohini, Delhi whereby the appellant was convicted for the offence punishable under Sections 392/34 IPC read with Section 397 IPC. Further, vide order on sentence dated 31.08.2019, the appellant was directed to undergo Rigorous Imprisonment for 7 years along with payment of fine of Rs.20,000/- in default whereof, to undergo Simple Imprisonment for 5 months for the offence punishable under Sections 392/34 IPC read with Section 397 IPC.

2. The brief facts as noted by the Trial Court are reproduced hereunder: -

    "1. Brief facts as stated in the charge sheet are that on 15.04.2008 one Rakesh Singhal made a complaint to the police as under:

      "That he was residing at B-13/53, Sector 8 Ground Floor, Rohini and running a jewellery shop in the name of

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