Delhi High Court
Dharmender vs State Nct Of Delhi on 5 May, 2014
Author: S. P. Garg
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : May 05, 2014
+ CRL.A. 1388/2012 & Crl.M.A.No.7071/2014
DHARMENDER ..... Appellant
Through : Ms.Anita Abraham, Advocate.
versus
STATE NCT OF DELHI ..... Respondent
Through : Mr.M.N.Dudeja, APP.
CORAM:
MR. JUSTICE S.P.GARG
S.P.GARG, J. (ORAL)
1. The appellant-Dharmender has filed the present appeal to
challenge the legality and correctness of a judgment dated 02.06.2012 of
learned Additional Sessions Judge: Dwarka Courts in Sessions Case
No.88/11 registered at Police Station Dhaula Kuan by which he was held
guilty under Section 392/411/34 IPC. By an order dated 07.06.2012, he
was sentenced to undergo RI for seven years with fine `5,000/- under
Section 392 IPC and RI for one year under Section 411 IPC. Both the
sentences were to operate concurrently.
2. Allegations against the appellant were that on 23.08.2010 at
about 10 pm near underpass of Ring Road, Dhaula Kaun, Nw Delhi, he
and his associate Chandan @ Kalu robbed the complainant Kamal of
`50/- and a mobile phone at knife point. DD No.44A was recorded and
assigned to HC Rakesh Kumar for necessary action. On reaching at the
spot, he did not find any eye-witness and came to know that the injured
had been taken to Safdarjung hospital by PCR. He lodged First
Information Report after recording complainant's statement. The
appellant was arrested on 27.08.2010 from Maya Puri Phase-I by Special
Staff, Delhi Police and a mobile phone was recovered from his
possession. His involvement in the present case emerged in the disclosure
statement made by him. During investigation, statements of witnesses
conversant with the facts were recorded. After completion of
investigation, a charge-sheet was filed; the appellant was duly charged
and brought to trial. The prosecution examined 18 witnesses and finally
the trial resulted in the appellant's conviction.
3. During the course of arguments, appellant's counsel on
instructions, stated at Bar that the appellant has opted not to challenge the
findings on conviction and has prayed to modify the sentence order as he
has already suffered custody in this case for more than four years.
Learned Additional Public Prosecutor has no objection to it.
4. Since the appellant has given up challenge to the findings on
conviction which is based upon cogent and reliable testimony of the
complainant coupled with the recovery of robbed articles, his conviction
is affirmed. Nominal roll dated 17.04.2014 shows that the appellant is in
custody for the last three years, seven months and eighteen days. He also
earned remission for seven months and twenty four days. He is not
involved in any criminal case and is a first offender. He has suffered
agony of trial/appeal for more than four years. Considering the mitigating
circumstances, the sentence order is modified and the appellant is
sentenced to undergo RI for four years with fine `5,000/- and failing to
pay the fine to further undergo SI for one month. Other terms and
conditions of the sentence order are left undisturbed.
5. The appeal and Crl.M.A.No.7071/2014 stand disposed of
accordingly. Copy of this order be sent to the concerned Jail
Superintendent for information. Trial court record be sent back forthwith
along with a copy of this order.
(S.P.GARG)
JUDGE
MAY 05, 2014/sa
