Vikram Thapa @ Mangal Pandey vs The State (Nct Of Delhi)
2014 Latest Caselaw 705 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     DECIDED ON : 5th FEBRUARY, 2014

+                           CRL.A. 948/2012
       VIKRAM THAPA @ MANGAL PANDEY           ..... Appellant
                   Through : Ms. Saahila Lamba, Advocate.
                            Versus
       THE STATE (NCT OF DELHI)                 ..... Respondent

Through : Mr.M.N.Dudeja, APP.

SI Manoj Kumar, PS Punjabi Bagh.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Open Court)

1. Abhishek @ Pritam and Vikram Thapa @ Mangal Pandey

(the appellant) were arrested in case FIR No. 13/11 by the police of PS

Mandir Marg for committing offences under Sections 392/397/411/34 IPC

and sent for trial alleging that on 18.01.2011 at about 09.30 P.M. near

Lady Harding hospital, they in furtherance of common intention inflicted

injuries to the complainant - Dinesh Prasad and deprived him of his

mobile phone and cash ` 8,000/- at the point of knife. Abhishek @ Pritam

was apprehended at the spot whereas Vikram Thapa @ Mangal Pandey

succeeded to escape from the spot. First Information Report was lodged

after recording Dinesh Prasad's statement (Ex.PW-7/A). Subsequently,

Vikram Thapa @ Mangal Pandey was arrested. Statements of the

witnesses were recorded. The prosecution examined twelve witnesses to

prove the charges. In 313 statements, the accused persons denied their

complicity in the crime. The trial resulted in their conviction. By an order

on sentence dated 26.11.2011, the appellant was awarded RI for five years

with fine ` 2,000/- under Section 392/34 IPC; RI for five years with fine `

2,000/- under Section 394/34 IPC; RI for one year with fine ` 500/- under

Section 411 IPC. The substantive sentences were to operate concurrently.

Being aggrieved, the appellant - Vikram Thapa @ Mangal Pandey has

preferred the present appeal. It is unclear if Abhishek @ Pritam has

challenged the conviction.

2. During the course of arguments, appellant's counsel on

instructions stated at Bar that Vikram Thapa @ Mangal Pandey has given

up challenge to the findings of the Trial Court on conviction and accepts it

voluntarily. She, however, prayed to modify the sentence order as the

appellant has served the substantial portion of the substantive sentence

awarded to him by the Trial Court and is not a previous convict. Learned

Addl. Public Prosecutor has no objection to have recourse to this

procedure.

3. Since the appellant has opted not to challenge the findings of

the Trial Court on conviction in view of the overwhelming evidence of the

complainant who identified him in the Court as one of the assailants who

inflicted injuries to him coupled with medical evidence, his conviction

stands affirmed. Nominal roll dated 13.05.2013 demonstrates that he has

already undergone two years, two months and nine days incarceration

besides remission for five months and twenty six days as on 13.05.2013.

No criminal case is shown to have been pending against him. His overall

jail conduct was satisfactory. Considering the clean antecedents of the

appellant and the period already undergone by him in this case, the

substantive sentence of five years under Sections 392 IPC and 394 IPC

awarded to the appellant is modified and is reduced to RI for four years

each. The substantive sentences shall run concurrently. Other terms and

conditions of the sentence order are left undisturbed.

4. Appeal stands disposed of in the above terms. A copy of the

order be sent to Superintendent Jail for information. Trial Court record be

sent back immediately.

(S.P.GARG) JUDGE FEBRUARY 05, 2014/ tr