AIJAZ HUSSAIN KHWAJA Vs. STATE OF DELHI

JUDGEMENT

(1.) WITH the consent of learned counsel for parties, matter taken up for disposal.

(2.) VIDE instant appeal, the appellant has challenged the impugned judgment dated 25.05.2009 whereby he was held guilty and vide order on sentence dated 26.05.2009 he was sentenced to undergo rigorous imprisonment for a period of seven years for offence under Section 5(b) of Explosive Substances Act, 1908 and also fine of Rs. 50,000/- in default thereof to undergo RI for a period of six months. Further, he was sentenced to rigorous imprisonment for seven years under Section 23 of the Unlawful Activities (Prevention) Act, 1967 with fine of Rs. 50,000/- in default thereof to undergo RI for a period of six months. Benefit of Section 428 Cr. P.C. has also been extended to him.

(3.) HE further submitted that appellant is having two minor sons aged 14 & 16 years, with ailing father aged 86 years and mother of appellant has already expired. Therefore, there is no one in the family to look after two youth of the family. Further, less than one year is remained out of the total sentence awarded to him.