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2021 Supreme(Del) 545

MANOJ KUMAR OHRI
In the matter of : Sonu – Appellant
Versus
State (Govt. of NCT), Delhi – Respondent


Advocates Appeared:
For the Appellant :Mr. S.S. Ahluwalia, Advocate (DHCLSC) alongwith Mr. Mohit Bangwal, Advocate.
For the Respondent: Mr. Sanjeev Sabharwal, A.P.P., with SI Deepak.

JUDGMENT :

Manoj Kumar Ohri, J.

1. The present appeal has been preferred under Section 374(2) read with Section 383 Cr.P.C. on behalf of the appellant challenging the judgment on conviction dated 09.08.2019 and the order on sentence dated 09.08.2019 passed by the learned Additional Sessions Judge-05 (North District), Rohini Courts, Delhi in SC No. 58477/2016 arising out of FIR No.605/2015 registered under Sections 392/394/34 IPC at Police Station Mukherjee Nagar, Delhi, whereby the appellant was convicted for the offences punishable under Section 392 IPC read with Section 397 IPC and sentenced to undergo Rigorous Imprisonment for a period of 07 years along with fine of Rs.1,000/-, in default whereof to undergo Simple Imprisonment for a period of one month.

2. For the sake of felicity, the facts of the case as noted by the Trial Court are extracted hereunder:-

    “1. Prosecution case in brief is that on 01.05.2015 a PCR call was received in Police Station Mukherjee Nagar vide DD No. 69 B. After receipt of call, SI Manzoor Alam along with staff reached at H. No. 33/1, Indira Vikas Colony, Delhi, where the complainant Sunil got recorded his statement that he was going towards his home after

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