SUNIL @ DEV Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 30.07.2010 and 16.08.2010 wherein the appellant stood convicted under Section 397 of the IPC as also under Section 392 and 452 of the IPC. The maximum sentence awarded to him was RI for a period 7 years for the offence under Section 397 IPC; under Section 392 he had had been awarded sentence of RI for a period 5 years with a fine of Rs. 200/- and in default of payment of fine to undergo SI for 30 days. For the third conviction to the appellant under Section 452 IPC, he was sentenced to undergo RI for a period of 3 years with a fine of Rs. 100/- and in default of payment of fine to undergo SI for 15 days; benefit of Section 428 Cr.P.C has been gratned to the convict.

(2.) Nominal roll of the appellant reflects that as on 11.03.2011 the appellant had undergon encarceration of about 5 years and 10 months; he has since been released on bail.

(3.) On behalf of the appellant it is pointed out that the conviction of the appellant under Section 397 IPC is uncalled for; his conviction at best can be a conviction under Section 392 IPC as it has not been specifically verified by any of the eye witnesses that it was the appellant who was holding the alleged weapon.