TUSHAR RAO GEDELA
Ajay Kumar – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. By way of an oral application the applicant/appellant seeks conversion of the sentences as imposed by the learned Trial Court in respect of offences under section 376 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") of RI for 10 years with fine of Rs. 1,00,000/-, in default whereof, to undergo further SI of 1 year and offence under section 306 IPC of RI for 7 years and with fine of Rs.50,000/-, in default whereof, to undergo a further SI of 6 months. These were directed to run consecutively.
2. According to the Nominal Roll, the applicant/appellant has already undergone a total punishment of 7 years 7 months and 25 days. It is the submission of the applicant/appellant that in case this Court converts the sentence of consecutive punishment to one of concurrent, he would abide by the punishment and not pursue the appeal.
3. Though no formal application seeking the relief of conversion of the sentences from one being "consecutive" to one being "concurrent" has not been filed by the applicant/appellant, however, Mr. M.L. Yadav, learned counsel has made an oral prayer and argued at length.
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