RAJ KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Heard learned counsel for the parties. Leave granted.

(2.) This Court on 8th September, 2014 had issued notice limited on the question of sentence. We have perused the impugned judgment affirming the findings and reasons for the conviction and sentence of the appellant under Section 354 of the Indian Penal Code ("IPC" for short).

(3.) Learned counsel for the appellant has invited our attention to the medical certificate produced in this appeal to show that the appellant is suffering from affective psychosis, which is stated to be a brain disorder. In support of the same, another certificate issued by the Deputy Superintendent, Central Jail No. 12th 5, Tihar, New Delhi dated August, 2014 is produced. It is contended by the learned counsel for the appellant that the arguments were advanced before the Division Bench of the High Court in this regard to impose lesser punishment as provided under Section 354 of the IPC, prior to the Amendment Act of 2013, where the Court had discretionary power to impose punishment for less than one year, that had not been considered by the High Court. Therefore, the appellant is before this Court seeking for reducing the sentence imposed by the High Court in the impugned judgment and order.