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DELHI HIGH COURT
SANJIV KHANNA
Rakesh – Appellant
Versus
State of NCT of Delhi – Respondent


JUDGMENT

Sanjiv Khanna, J.

1. The appellant-Rakesh, by the impugned judgment dated 26th March, 2006 passed by the learned Additional Sessions Judge has been convicted under Sections 398 and 458 of the Indian Penal Code (hereinafter referred to as the IPC, for short). By the impugned Order on sentence dated 27th March, 2006, appellant-Rakesh has been directed to undergo rigorous imprisonment for seven years for the offence under Section 398 IPC, rigorous imprisonment for five years and fine of Rs.2500/- for the offence under Section 458 IPC and in default of payment of fine, to undergo rigorous imprisonment for one month. The appellant- Rakesh has been also sentenced to rigorous imprisonment of three years and fine of Rs.2500/- for the offence under Section 25 of the Arms Act, 1959 and in default of payment of fine to undergo rigorous imprisonment for one month.

2. On merits, in view of the statements of the eye-witnesses, Ms.Raj Bala (PW-1), Mr.Manphool Singh (PW-3) and Mr. Lal Chand (PW-4), the appeal on the question of conviction merits dismissal. The said persons are eye-witnesses and victims to the incident on 31st January, 1992 when the accused was caught red handed in t

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