DINESH RAI Vs. STATE

JUDGEMENT

(1.) SINCE the appeal has reached for hearing and none appears for the appellant I appoint Ms. Saahila Lamba, Advocate, who is empanelled by the Delhi High Court Legal Service Committee as the Amicus Curiae to argue the appeal on behalf of the appellant. Fee of learned Amicus Curiae shall be paid by the Delhi High Court Legal Services Committee.

(2.) APPELLANT Dinesh Rai has been convicted vide impugned judgment and order dated March 08, 2004 for having committed offences punishable under Section 392/397 IPC read with Section 34 IPC and vide order on sentence dated March 09, 2004 has been sentenced to undergo imprisonment for 10 years noting the fact that since a knife was used in the commission of the offence the minimum sentence contemplated by Section 397 IPC is 7 years. Fine in sum of Rs. 5,000/ - and in default to undergo imprisonment for 2 years has also been imposed.

(3.) I record at the outset that the knife stately used by the other co -accused who was not sent for trial was not recovered.