Ashish Windwani vs State (NCT of Delhi)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1820

ANOOP KUMAR MENDIRATTA
Ashish Windwani – Appellant
Versus
State (NCT of Delhi) – Respondent

Advocates appeared:
Mr. N. Hariharan, Senior Advocate with Mr. Bharat Chugh, Mr. Siddharth Shiva Kumar, Mr. Siddarth S. Yadav, Mr. Varun Deswal, Ms. Punya Rekha Angara, Mr. Prateek Bhalla, Mr. Sharian Mukherji, Mr. Rahul, Mr. Kaushal Kaushik & Mr. Adab Ahmad, Advocates., for the Appellant; Mr. Aman Usman, APP for State. Counsel for complainant (appearance not given)., for the Respondent

JUDGMENT

Anoop Kumar Mendiratta, J. - Crl.M.(Bail) 1044/2022

1. An application under Section 389 read with Section 482 Cr.PC has been preferred on behalf of the appellant for suspension of sentence and release of the appellant on bail during the pendency of appeal.

2. The appellant has preferred the appeal against the judgment dated 02.07.2022 and order on sentence dated 13.07.2022 passed by the learned ASJ, Patiala House Courts, New Delhi in FIR No. 684/2015 under Sections 376(2)(n)/313 IPC registered at Police Station R.K. Puram whereby he has been sentenced to undergo rigorous imprisonment of 10 years for the offence punishable under Section 376 (2)(n) IPC and directed to pay fine of Rs.6 lakhs (in default of payment of fine to undergo SI for one year). However, the appellant stands acquitted of the offence under Section 313 IPC.

3. Learned counsel for appellant submits that there is patent infirmity in convicting the accused as crucial evidence in favour of appellant has been overlooked and challenges the impugned judgment on following grounds:-

(i) That the learned Trial Court erred in concluding that appellant obtained prosecutrix's consent for sexual intercourse on a false promis