KAMRAN Vs. STATE ( GNCT OF DELHI)

JUDGEMENT

(1.) The appellant, vide the present appeal assails the impugned judgment dated 27.02.2020 and the impugned order on sentence dated 02.03.2020 of the learned District and Sessions Judge (North-East), KKD Courts, Delhi whereby the appellant having been convicted qua the offences punishable under Sections 392/397/34 of the Indian Penal Code, 1860 was sentenced to undergo Rigorous Imprisonment for a period of 3 years and to pay a fine of Rs.5,000/- and in default of the payment of the said fine, to further undergo Simple Imprisonment for a period of 2 (two) months qua the offence punishable under Section 392/34 of the Indian Penal Code, 1860 and was also sentenced to undergo Rigorous Imprisonment for a period of 7 (seven) years and to pay a fine of Rs.5,000/- and in default of payment of the said fine, to further undergo Simple Imprisonment for a period of 2 (two) months qua the offence punishable under Section 397 of the Indian Penal Code, 1860 with both the sentences having been directed to run concurrently with the benefit of Section 428 of the Cr.P.C., 1973 having been given to the appellant as well as to the co-convict Mohd. Shahzad who was convicted and sentenced to undergo Rigorous Imprisonment for a period of 3 (three) years and to pay a fine of Rs.5,000/- and in default of payment of the said fine, to further undergo Simple Imprisonment for a period of 2 (two) months qua the offence punishable under Section 392/34 of the Indian Penal Code, 1860 with only the appellant herein namely Kamran having been convicted qua the offence punishable under Section 397 of the Indian Penal Code, 1860.

(2.) Along with the appeal, was CRL.M.A.13800/2020 filed on behalf of the appellant seeking condonation of 140 days delay in institution of the appeal which vide order dated 07.10.2020 was allowed and the said delay was condoned.

(3.) CRL.M.(BAIL)8134/2020 filed on behalf of the appellant seeking suspension of sentence during pendency of the appeal was declined vide order dated 23.11.2020.