JITENDER Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) JITENDER Kumar, the appellant herein, has preferred this appeal under Section 375(b) of the Code of Criminal Procedure challenging the quantum of sentence awarded to him in terms of the judgment/order dated 07.12.2009.

(2.) BRIEFLY stated, facts relevant for the disposal of this appeal are that the appellant was tried for the offence under Section 392/397 IPC on the allegations that on 14.02.2005, he along with his co -accused entered House No. 1521, Sector 7, Pushp Vihar, New Delhi belonging to the complainant and committed robbery of Rs. 10 lakhs besides some ornaments and a briefcase containing various documents and camera etc. on the point of a "katta" and a knife by putting the complainant and her children under the fear of their lives.

(3.) THE appellant is aggrieved of the quantum of sentence awarded to him. As per the nominal roll, he has undergone incarceration for five years and five days (actual) as on 04.06.2010 and he has also earned a remission in sentence for two months and ten days. Thus, the unexpired period of sentence, as per the latest nominal roll dated 04.06.2010, is one year nine months and fifteen days. The appellant has prayed that his sentence be modified to the extent of the period already undergone in custody and he has also prayed for the waiver of fine.