LALIT KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 21.11.2009 whereby the appellant and three more co -accused persons have been held guilty for the offence punishable under Section 308/34 IPC and the order of sentence dated 23.11.2009 whereby the appellant and co - accused persons have been awarded sentence of RI for 3 years and to pay a fine of Rs.3,000/ - failing which to further undergo SI for a period of 3 months each. Benefit under Section 428 Cr.P.C. has also been given.

(2.) AT the outset, learned counsel for appellant has submitted that appellant is not challenging the conviction of the appellant under Section 308/34 IPC. It is submitted that occurrence is of 2006 and the age of the appellant at the time of incident was below 23 years. The role assigned to him is only catching hold of the victim at the time of incident. It is stated that the appellant be given chance to reform himself instead of sending him to imprisonment. He be given benefit under Section 360 of Cr.P.C. by releasing him on probation of good conduct. It is stated that there is no previous conviction against the appellant.

(3.) AFTER the case was committed to Sessions, charge was framed against the appellant as well as co -accused persons for having committed offence punishable under Section 308/34 IPC to which they pleaded not guilty and claimed trial.