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2024 Supreme(Del) 51

SUDHIR KUMAR JAIN
Ali Hussain S/o Mohd. Ali – Appellant
Versus
The State NCT of Delhi – Respondent


Advocates appeared:
Ms. Astha, Advocate (DHCLSC), for the Appellant; Mr. Utkarsh, APP for State with Insp. Vikas Pannu, P.S. Nizamuddin, for the Respondent

JUDGMENT

Sudhir Kumar Jain, J. - The present criminal appeal is filed under sections 374(2) read with section 383 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") to set aside the judgement dated 10.03.2023 (hereinafter referred to as "the impugned judgment") and order on sentence dated 03.07.2023 (hereinafter referred to as "the impugned sentence order") passed by the court of Sh. Sachin Sangwan, Additional Sessions Judge-01 (Fast Track Court), South-East, Saket Courts, New Delhi (hereinafter referred to as "the trial court") in sessions case bearing number 1550/2016 titled as State V Mohibul Islam & Ors arising out of FIR bearing no 0374/2013 registered at P.S. Hazrat Nizamuddin.

2. The factual background of the case is that SI Ajay Kumar along with Ct. Baldev on 25.11.2013 after receipt of DD No.12A regarding robbery in House no. 6, 1st Floor, Sunder Nagar, New Delhi involving assault and confinement of a housemaid namely Sushma (hereinafter referred to as "the complainant") reached there and met with owner Kapil Advani and his mother Kavita Advani. The house was found to be in ransacked condition. SI Ajay Kumar recorded statement of the complainant

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