CRL.A. 159/2016

Page 1 of 21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on: 11.10.2023

Judgment pronounced on: 31.10.2023

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CRL.A. 159/2016 & CRL.M.(BAIL) 11/2022

AJAY KUMAR ..... Appellant

versus

THE STATE NCT OF DELHI ..... Respondent

Advocates who appeared in this case:

For the Appellant :

Mr. M.L. Yadav, Advocate

For the Respondent :

Mr. Shoaib Haider, APP with Insp.

Kusum Dhama, PS- Women Cell/

South Distt. and Insp. Asha, PS-

Kapashera.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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.

Digitally Signed

By:VINOD KUMAR

Signing Date:31.10.2023

16:04:28

Signature Not Verified

CRL.A. 159/2016

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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. On

instructions from the applicant/appellant, learned counsel submits that in

case, if this Court is inclined to allow such prayers, the

applicant/appellant would not further pursue his appeal bearing Criminal

Appeal No. 159 of 2016.

4.

Keeping in view that there is nothing in the Code requiring that

convicts ought to file any formal application seeking such prayers, this

Court is of the opinion that the oral prayers can be considered. As such,

the said oral application is being considered.

5.

Mr. M.L. Yadav, learned counsel had argued for the

applicant/appellant whereas, Mr. Haider, learned APP had argued

extensively for the State.’

6.

In order to appreciate the arguments, it would be relevant to

consider the facts arising therein, the same is being extracted from the

impugned judgement dated 02.12.2015, as under:

Digitally Signed

By:VINOD KUMAR

Signing Date:31.10.2023

16:04:28

Signature Not Verified

CRL.A. 159/2016

Page 3 of 21

Digitally Signed

By:VINOD KUMAR

Signing Date:31.10.2023

16:04:28

Signature Not Verified

CRL.A. 159/2016

Page 4 of 21

CONTENTIONS OF THE APPLICANT/APPELLANT

7.

The short and concise submissions of Mr.Yadav, learned counsel,

are that the offences stated to have been committed by the

applicant/appellant, even if assumed to be true, are part of the same

transaction. In that, according to learned counsel, the committing of

suicide by the deceased is directly related to the offence under section

376 IPC, which the applicant/appellant is stated to have committed

many times over period of time. Though, according to the prosecution,

he submits, the offence of rape was committed over a period of time

which is separate offence or offences, whereas the act of committing

suicide by the deceased and the abetment thereof by the

applicant/appellant is composite and a separate offence.

8.

However,

according

to

learned

counsel

for

the

applicant/appellant, the committing of suicide by the deceased could