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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIMAL KUMAR YADAV
Harish Mahajan S/o Lekh Raj – Appellant
Versus
State (Govt of NCT) – Respondent
JUDGMENT (ORAL)
VIMAL KUMAR YADAV, J.
1. The present appeal is directed against the Judgment of conviction dated 02.06.2008 and the Order on Sentence dated 03.07.2008 passed by the learned Trial Court, whereby the Appellant was convicted for offences punishable under Sections 363/366/376 of Indian Penal Code 1860 (IPC). For offence under Section 363 , he was sentenced to undergo Rigorous Imprisonment (RI) for a period of 4 years and to pay a fine of Rs. 1000/-, in default of payment he was to undergo RI for a period of 6 months and for the offence punishable under Section 366 , he was sentenced to undergo RI for a period of 5 years and a fine of Rs. 2000/-, in default of payment he was to undergo RI for a period of 1 year and for the offence punishable under Section 376 , he was sentenced to undergo RI for a period of 7 years and a fine of Rs. 2000/-, in default of payment, he was to undergo RI for a period of 1 year.
2. The prosecution’s case, in brief, is that on 03.09.2002, the prosecutrix, a minor aged about 15 years, left her residence for school but did not return. The complainant, her father, lodged a report expressing suspicion that the Appellant, who was earlier a tenant in t
Adequate and special reasons under proviso to Section 376(2)(g) IPC permit sentence reduction to period already undergone where substantial custody served, complainant non-objection, and personal har....
The court modified the life imprisonment sentence to 18 years for rape, emphasizing the need to consider mitigating circumstances alongside the severity of the crime.
The court emphasized the importance of imposing appropriate, just, and proportionate sentences commensurate with the nature and gravity of the crime, considering the principles of proportionality, de....
Conviction under Sections 366 and 447 upheld; conviction under Section 366A set aside due to lack of evidence supporting essential elements.
The court can reduce sentences below the minimum prescribed in special circumstances, focusing on restorative justice and the specifics of each case.
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