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2023 Supreme(Del) 2156

SAWARNA KANTA SHARMA
Krishna Kant – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Giri Raj Singh, Advocate, for the Appellant.
Mr. Naresh Kumar Chahar, APP, for the State

JUDGMENT

Swarana Kanta Sharma, J. The instant appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') arises out of the impugned judgment dated 21.03.2009 and order on sentence dated 24.03.2009 passed by learned Additional Sessions Judge, Fast Track Court, Central, Delhi (`Trial Court') whereby the appellant was convicted in case FIR bearing number 590/1998 under Sections 328/379/411 of Indian Penal Code, 1860, (`IPC') registered at Police Station I.P. Estate.

2. To summarise briefly the facts of the case, the present FIR was lodged on 11.11.1998, on the complaint of one Sh. Tek Chand who was driver by profession. The complainant had stated that his car was hired by the accused from Ballabhgarh to Delhi on 07.11.1998, and they had reached I.T.O, Delhi at about 1:00 pm. Upon reaching there, the accused had told the complainant to stop the car near a rehri and he had allegedly administered certain stupefying drug to the complainant by mixing the same in juice and had told the complainant to take the car behind Hans Bhawan by the side of a Hotel/Dhaba. The complainant stated that thereafter, he had lost consciousness and had regained consciousness only at ab

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