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2016 Supreme(Online)(DEL) 4524

HIGH COURT OF DELHI
RAJ KUMAR @ KALU – Appellant
Versus
STATE – Respondent


J U D G M E N T

: SUNITA GUPTA, J.

1. The challenge in this appeal under S.374 of Code of Criminal Procedure is to the impugned judgment dated 15.04.2014 and the order on the point of sentence dated 26.04.2014 passed by learned Additional Sessions Judge (Special Fast Track Court), Delhi in Sessions Case No. 113/2012 arising from FIR No.166/2012 Police Station Ashok Vihar, Delhi under Ss. 395/397/412//34/120B IPC whereby the appellant was convicted under S. 120-B read with S. 392 IPC and was sentenced to undergo rigorous imprisonment for one year, nine months and eight days and fine of Rs.2,000/-, in default to undergo simple imprisonment for a period of one week; and for offence under S. 392 read with S. 397 Indian Penal Code, he was sentenced to undergo rigorous imprisonment for a period of seven years and fine of Rs.2,000/-; in default to undergo simple imprisonment for a period of one week. Both the sentences were ordered to run concurrently. Benefit of S. 428 Cr.PC was granted to the appellant.

2. The prosecution case emanates from the fact that on 14.07.2012 on receipt of PCR Call vide DD No.14 PP Ex.PW5/A regarding robbery of Rs.3 lacs and gold items by four five robbers at A 3

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