AVDESH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) CRL. M.A. No. 10238/2014 (Delay in filing review petition) & CRL. M.A. No. 10239/2014 (Delay in re -filing review petition)

(2.) THE petitioner -Avdesh Kumar seeks review of judgment and order dated 20.12.2013 passed by this Court in Crl. A. No. 648/2000 whereby he was held guilty for committing offence punishable under Section 395 IPC and was awarded R1 for three years. Learned Senior Counsel urged that mandatory provisions of the Probation of Offenders Act, 1958 were not taken into consideration while awarding the sentence. The petitioner was below 21 years of age on the day of incident and as per Section 6 of the Probation of Offenders Act, considering his antecedents, he could not have been awarded sentence to undergo 'imprisonment'. Reliance has been placed on the authorities: 'Nar Singh Pal vs. Union of India and others', : 2000 (3) SCC 588; 'Masarullah vs. State of Tamil Nadu', : 1982 (3) SCC 458; 'Grindlays Bank Ltd. vs. Central Government Industrial Tribunal and others', : 1980 (Supp) SCC 420, and 'Kunhayammed and others vs. State of Kerala and another',, (2006) 6 SCC 359. Perusal of the file reveals that Bhulley Singh (A -1), Arun Kumar @ Munna (A -2) and Vimal Chandra (A -5) were held guilty for committing offence 395 read with Section 397 IPC and were awarded R1 for seven years each. Avdesh Kumar (the present petitioner) (A -3) and Suresh Kumar (A -4) who were also found guilty under Section 395 IPC were awarded R1 for three years each. Suresh Kumar (A -4), in addition, was convicted under Section 25 of the Arms Act.

(3.) IT is relevant to note that the present petitioner had challenged the judgment and order of this Court dated 20.12.2013 before the Hon'ble Supreme Court. However, the SLP preferred by the petitioner was dismissed. Apparently, the Supreme Court did not interfere in the order on sentence.