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2023 Supreme(Online)(SC) 17907

SANJAY KAROL, J
RAHUL – Appellant
Versus
THE STATE OF DELHI – Respondent


Advocates:
For the Appellants/Petitioners: Mrs. Niranjana Singh, Ms. Sarvshree, Ms. Somyashree
For the Respondents:

ORDER

IA No.195428/2023-APPLICATION FOR EXEMPTION FROM SURRENDERING 1 The learned counsel for the petitioner submits that the petitioner was convicted for having committed an offence under Section 376 read with Section 511 of the Indian Penal Code , 1860. The Trial Court directed the petitioner to suffer imprisonment for a period of five years. The judgment of conviction and sentence stands affirmed by the High Court.

2 The learned counsel further submitted that during the pendency of the appeal before the High Court, the petitioner was on bail and all throughout, he has Digitally signed by Sanjay Kumar Date: 2023.10.04 16:52:40 IST Reason:

    Signature Not Verified maintained a good conduct. Moreover, it was submitted that this was the first offence of the petitioner and the convict is the sole bread earner and his mother, wife and children are dependent upon him.
    Having given thoughtful consideration of all the attending facts and circumstances, including that the victim was a seven year old child, the Court is not inclined to entertain the application for exemption from surrendering. The Having given thoughtful consideration of all the attending facts and circum
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