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DELHI HIGH COURT
MOOL CHAND GARG
Sonu – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Mool Chand Garg, J. (Oral)
1. Learned counsel for the appellant submits that the appellant is not interested in challenging the conviction part of the judgment given against him by the learned ASJ holding him guilty of the offence under Section 392/397/34 IPC, but submits that no case is made out against the appellant under Section 397 IPC inasmuch as the Rukka, EX-PW2/A, shows that no weapon was used by the appellant or his co-accused at the time of commission of alleged robbery. As such it is submitted that the appellant who is in judicial custody for a period of more than six years is entitled to be released forthwith by reducing the sentence awarded to him by the learned ASJ vide order dated 14.09.2007 to the period already undergone, which is to the tune of R.I. for seven years. The punishment of seven years has been awarded to the appellant only because that is the minimum prescribed under Section 397 IPC.
2. I have examined the Rukka, Ex-PW2/A which reads as under:
Statement of Sh. Ram Babu, S/o Sh. Jhamman Lal Saini, H.No.182, Pocket G-30, Sector-3, Rohini Delhi, Age-54 Years, P.H.25180887(S)
Bayan kiya hai ki main pata uprokt par sapariwar rahta hoon aur meri
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