AKRAM Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellant, Akram, under Section 374(2) read with Section 383 Cr.P.C. and is directed against the judgment dated 25.1.2010 and order on sentence dated 29.1.2010 by which the petitioner has been sentenced to imprisonment for life and fine of Rs.5,000/- for the offence punishable under Section 396 IPC; in default of payment of fine to undergo five months simple imprisonment; rigorous imprisonment for a period of seven years and fine of Rs.2,000/- for the offence committed under Section 449/34 IPC; and, in default of payment of fine to undergo two months simple imprisonment. The sentences were to run concurrently. On 18.4.2013 the following order was passed by a Division Bench of this Court:

(2.) THE report of the ossification test has been received as per which on 5.6.2013 the appellant was 22 to 25 years of age.

(3.) RELIANCE is placed by Mr.Charak on Amit Singh v. State of Maharashtra and Another, reported at (2011) 13 SCC 744, and Ashwani Kumar Saxena v. State of Madhya Pradesh, reported at (2012) 9 SCC 750, in support of his plea that since the appellant has already undergone sentence of more than eight years he is liable to be released forthwith without any decision on the merits in the appeal.