PANKAJ VERMA Vs. STATE

JUDGEMENT

(1.) The present application has been filed by the applicant/appellant under section 427 read with section 482 Cr.P.C. to dispose of the present appeal bearing Crl.A.611/2018 by directing the sentence of 5 years under section 392 / 34 IPC awarded vide judgment and order on sentence dated 18.12.2017 and 22.12.2017 respectively passed by Sh.Deepak Garg, ASJ-02 (North-West), Rohini Courts, Delhi in case bearing SC No.52085/16 titled as State vs. Pankaj Verma arising out of FIR No.74/2013 registered at Police Station North Rohini for the offences punishable under section 392 / 34 IPC and the substantive sentence of 7 years under section 392 IPC & 5 years under section 392 IPC awarded vide judgment and order on sentence dated 25.07.2016 and 28.07.2016 respectively passed by Sh. Naresh Kumar Malhotra, Ld. ASJ, Tis Hazari Court, Delhi in SC No. 119/14 arising out of FIR No. 263/2014 u/s 392/397/34 of IPC at P.S. Miawali Nagar or in alternative to reduce the sentence to the period already undergone by the appellant.

(2.) The appellant has challenged his conviction u/s 392/34 of IPC recorded in terms of judgment dated 22.12.2017 and order of sentence dated 22.12.2017 passed by Sh. Deepak Garg, Ld. ASJ-02, North-West, Rohini in SC No. 52085/2016 arising out of FIR No. 74/2013 U/s 392/34 of IPC at PS North Rohini, whereby the learned Judge sentenced the appellant to undergo RI for a period of 5 years with a fine of ?5,000/- for the offence punishable under section 392 IPC and in default of payment of fine, he has to undergo SI for 15 days. However, the appellant has already undergone about 1 year 5 months out of the total sentence of 5 years awarded by the Trial Court.

(3.) The Appellant had also challenged his conviction by way of filing an appeal bearing Crl.A. No. 1018/2016 before this Court against the judgment and orders dated 25.07.2016 & 28.07.2016 respectively passed by Sh. Naresh Kumar Malhotra, Ld. ASJ, Tis Hazari Court, Delhi in SC No. 119/14 arising out of FIR No. 263/2014 u/s 392/397/34 of IPC at P.S. Miawali Nagar and whereby the appellant was convicted u/s 392/397/34 of IPC and sentenced to undergo rigorous imprisonment for a period of five years with a fine of ?10,000/- for the offence committed under Sections 392 / 34 of the IPC and in default of payment of fine, to serve simple imprisonment for a further period of six months and further sentenced to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 397 / 34 of the IPC. However, the said appeal has already been dismissed in terms of judgment dated 13.05.2020 passed by this Court.