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2023 Supreme(Del) 5150

MUKTA GUPTA, POONAM A. BAMBA
Aman @ Sonu – Appellant
Versus
State – Respondent


Advocates appeared:
Mr.Rajiv Bajaj and Ms. Shurti Khosla, Advocates, for the Appellant in CRL.A. 241/2018 & CRL. M.A.3699/2018.
Mr.Laksh Khanna, APP, for the State with IO SI Meena Yadav and Ins. Satbir Singh, PS Subzi Mandi in CRL.A. 241/2018 & CRL. M.A.3699/2018, CRL.A. 1177/2017, CRL.A. 1118/2017, CRL.A. 417/2018 and CRL.A. 418/2018.
Mr. Vivek Sood, Senior Advocate with Ms.Saahila Lamba and Mr. Tarun Khanna, Advocates, for the Appellant in CRL.A. 1177/2017.
Mr.Kanhaiya Singhal, Ms. Priyal Garg, Mr. Prasanna, Mr. Chetan Bhardwaj, Mr. Udit Bakshi, Mr. Ajay Kumar and Ms. Jasmeet S. Chadha, Advocates, for the Appellant in CRL.A. 1118/2017.
Mr. Vivek Sood, Senior Advocate with Ms.Saahila Lamba and Mr. Tarun Khanna, Advocates, for the Appellant in CRL.A. 417/2018.
Mr.Rajiv Bajaj and Ms. Shurti Khosla, Advocates, for the Appellant in CRL.A. 418/2018.

JUDGMENT

Poonam A. Bamba,J.

1.0 Vide these appeals, the appellants, namely, Aman @ Sonu, Rahul @ Raghu, Mohd. Wasim @ Sahil, Sunny and Bal Kishan @ Karvaya have challenged the judgment dated 21.09.2017 passed by Ld. Addl. Sessions Judge-Special FTC-02 (Central), Tis Hazari Courts, Delhi, ("impugned judgment" in short), whereby:

(i) the appellants Bal Kishan @ Karvaya, Sunny, Rahul @ Raghu and Aman @ Sonu were convicted for the offence under Sections 366/34 IPC and 376-D IPC;

(ii) the appellants Bal Kishan @ Karvaya and Rahul @ Raghu were convicted for the offence under Sections 376 (2) (n) IPC;

(iii) the appellant Mohd. Wasim @ Sahil was convicted for the offence under Section 376-D IPC.

1.1. The appellants have also challenged the order on sentence dated 10.10.2017, whereby all the appellants were sentenced as under:

(i) all the appellants namely Bal Kishan @ Karvaya, Sunny, Rahul @ Raghu, Aman @ Sonu and Mohd. Wasim @ Sahil were sentenced to undergo rigorous imprisonment for life (which shall mean imprisonment for the remainder of convicts' natural life) each for the offence punishable under Section 376-D IPC with fine of Rs. 5,000/- each, in default of payment of fine, to further und

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