STATE Vs. LUCKY

JUDGEMENT

(1.) The State has called in question the correctness of the order of sentence passed by the Additional Sessions Judge-04 (Central), Tis Hazari Courts, Delhi in Sessions Case No.7/2014 whereby the accused person/respondent, though has been convicted under Sec. 394/411 read with section 34 of the IPC, but has been let off on probation of good conduct, subject to his furnishing bond in the sum of Rs.25,000.00 with one surety of like amount before the Probation Officer to appear and receive sentence when called upon during the period of probation and in the meantime to keep peace and good behaviour for a period of one year from the date of furnishing of the bond. The respondent has also been directed to pay compensation of Rs.3000.00 each to both the victims of the case.

(2.) The factual aspects of the case need not be gone into in detail as conviction has not been challenged but only the order on sentence, which has to be tested on the principles of law.

(3.) On 04.04.2012 Diksha, who was accompanying Vikram, both being students of St. Stephens College, was made to deliver her mobile telephone on point of a sharp object by the respondent and one Raju Tiwari @ Raju. In the process, Vikram was hurt. This led to registration of a case under Sections 392/394/411 and 34 of the IPC. Since co-accused Raju Tiwari @ Raju was a juvenile, his case was sent to the Juvenile Justice Board for appropriate orders. Only the respondent was tried and convicted.