BADSHAH Vs. STATE

JUDGEMENT

(1.) This appeal has been instituted by the appellant Badshah son of Shri Jainul assailing the impugned judgment dated 04.09.2014 and impugned order on sentence dated 10.09.2014 of the then learned District and Sessions Judge (East), Karkardooma Courts, Delhi in Sessions Case No. 67/2013 in relation to FIR No. 141/2013, Police Station Preet Vihar.

(2.) Vide the impugned judgment dated 04.09.2014, the accused/the appellant herein Badshah was convicted for the commission of the offences punishable under Sections 120B r/w 396 and 460/396/412 of the Indian Penal Code (IPC), 1860 and Section 14 of the Foreigners Act, 1946. Vide the impugned order on sentence dated 10.09.2014, the accused/the appellant herein Badshah was awarded imprisonment for life and fine of Rs.10,000/- for the offence punishable under section 120B read with section 395 IPC, 1860 and in default of payment of fine, he was further directed to undergo simple imprisonment for six months. The accused/the appellant herein Badshah was further awarded imprisonment for life and fine of Rs.10,000/- for the offence punishable under section 396 IPC, 1860 and in default of payment of fine, he was further directed to undergo simple imprisonment for six months. The accused/the appellant herein Badshah was further awarded rigorous imprisonment for ten years and fine of Rs.10,000/- for the offence punishable under section 412 IPC, 1860 and in default of payment of fine, the accused/the appellant herein Badshah was directed to further undergo simple imprisonment for six months. The accused/the appellant herein Badshah was further awarded rigorous imprisonment for five years and a fine of Rs.10,000/- for the offence punishable under section 14 of the Foreigners Act, 1946 and in default of payment of fine, the accused/the appellant herein Badshah was directed further to undergo simple imprisonment for six months. The accused/the appellant herein Badshah was however held entitled to the benefit of Section 428 Cr.P.C., 1973 i.e. set off of the period of detention already undergone by him and it was directed that all the sentences awarded to him would run concurrently.

(3.) Along with the Criminal Appeal no. 369/2015, there was an application Criminal M.A. No. 4450/2015 seeking condonation of delay of 116 days, which was allowed vide order dated 25.03.2015. The appeal was thus admitted and notice of Criminal Appeal No. 369/2015 was issued to the State.