Delhi High Court
Raju @ Somnath vs The State (Nct Of Delhi) on 17 September, 2010
Author: S.L.Bhayana
HIGH COURT OF DELHI AT NEW DELHI
CRL. A. NO. 440/2001
Reserved on: 17.09.2010
Date of Decision: 17.09.2010
RAJU @ SOMNATH ... APPELLANT
Through: Mr. Gaurav Bhattacharya, Adv. for Mr.
Ajay Verma, Adv.
versus
THE STATE (NCET OF DELHI) ... RESPONDENT
Through: Mr. Navin Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE S.L. BHAYANA
1. Whether reporters of local paper may be allowed to
see the judgment? Yes
2. To be referred to the reporter or not? Yes
3. Whether the judgment should be referred in the
Digest? Yes
S.L. BHAYANA,J
1. This appeal has been filed by the appellant under Section
374 (2) Cr.P.C. against the judgment dated 1.3.2001 whereby
learned trial Court has found the appellant guilty of an offence
u/s 328 and 379 IPC and vide order on sentence dated 1.3.2001
has sentenced him to undergo RI for four years and one year
respectively in case FIR No. 456/1998, u/s 328/379 IPC, P.S. Tilak
Marg, New Delhi.
2. Arguments heard.
3. I have gone through the impugned judgment passed by
learned trial Court and perused the record. Learned trial court in
its judgment dated 1.3.2001 has convicted the appellant u/s 328
IPC and sentenced him to undergo RI for four years and pay fine
of Rs. 5000/- in default SI for three months. Learned trial Court
further convicted the appellant u/s 379 IPC and sentenced him to
undergo RI for one year and pay fine of Rs. 2000/- in default SI
for two months.
4. The brief facts of the case are that on 31.8.98 one HC
Ramphal along with HC Om Parkash and constable driver
Rajinder were on duty in a PCR Van near the red light area at the
crossing of Zakir Hussain Marg and Subramaniam Bharti Marg. At
about 1.30 p.m. one Ajay Gupta made report to HC Ram Phal
that two persons travelling in the auto rickshaw had
administered intoxicating substance to him and had removed
money from his pocket. He was feeling giddy. The police
apprehended Mohinder and Raju at the spot whereas the driver
of auto rickshaw slipped away. On search of the accused
Mohinder one diary and currency notes of Rs. 500/- were
recovered from his pocket. Trial Court framed Charge under
Section 328 and 379 read with section 34 IPC. PW-1 Ajay Gupta
has supported the case of the prosecution and stated before the
Court that he was administered intoxicating substance by the
accused persons present in the auto rickshaw and they had
removed money from his pocket. He was feeling giddy.
5. Keeping in view above facts, I do not find any infirmity in
the judgment passed by learned trial Court. Learned trial Court
has given very valid reasons in the said judgment. There is no
merit in this appeal.
6. Dismissed.
7. A copy of this order be sent to the learned trial Court.
Learned trial Court is directed to issue NBWs against the
appellant to be served through SHO of the concerned area for
undergoing the remaining sentence in Jail.
S.L.BHAYANA,J
SEPTEMBER 17, 2010
Kb
