MOHD. IBRAHIM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment and order dated 27.1.2010 and 30.1.2010 respectively passed by the learned Additional Sessions Judge (Fast Track Court) in FIR No. 402/2001, registered at Police Station Vasant Kunj holding the appellant guilty for an offence under Sections 395/398/34 IPC. So far as the offence under Section 395 IPC is concerned, the appellant was sentenced to undergo rigorous imprisonment for eight years and four months apart from a fine of Rs. 2,000/ - and in default of payment of fine, simple imprisonment for six months. Similar sentence was also imposed for an offence under Section 398 IPC, although no separate fine was imposed. The appellant has sent an application from the jail being Criminal M.A. No. 1973 of 2011, which is forwarded by the Superintendent, Central Jail vide letter No. F.5/SCJ -5/ASCT/CEN.JAIL/2011/6516 dated 21.10.2011 to the court to the effect that the appellant does not intend to assail his conviction on merits, in case, he is sentenced to the period already undergone. The nominal roll of the appellant was called last year and it showed that as on 21.10.2011, the appellant had already undergone a sentence of six years nine months and 22 days including the period of his incarceration during the trial. The remaining period of sentence which was shown unexpired was to the tune of one year on 21.10.2011. Now, almost eight months have lapsed and as on date, if calculated on that basis of that information, the appellant has undergone more than eight years and twenty days' sentence while as the remaining sentence is only to the tune of three months and ten days.

(2.) I feel that the application for being released on the period already undergone by him, subject to his not challenging the merits of the judgment passed by the learned Sessions Judge, should be accepted. I, accordingly, accept the plea of the appellant and reduce the sentence from a period of eight years four months and a fine of Rs. 2,000/ - to only a period of eight years on both the counts, that is, under Sections 395 and 398 IPC. So far as the fine amount of Rs. 2,000/ - is concerned, that is set aside. Since, the appellant has already undergone the aforesaid period of incarceration, therefore, the appellant, if is not involved and required in any other case, be set free.