PRATAP SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The appellant Shri Pratap Singh, s/o Shri Kundan Singh vide the impugned judgment dated 22.11.2003 was convicted for the commission of offences punishable under Section 452/392 r/w Section 34 and Section 394/397 Indian Penal Code, 1860 in relation to charges framed against him on 05.07.2002 to the effect that on 25.10.2001 at about 1:15 am at the H.No.107, Gali No.3, he along with his other associates named Ramesh and Avtar in furtherance of their common intention committed a robbery by committing criminal house trespass into the house of Chanan Singh after having made preparation to cause hurt to Chanan Singh and had in furtherance of their common intention with the said Ramesh and Avtar on the said date, time and place committed robbery and looted a sum of Rs.80, 000/-, one thousand US dollars, 200 pounds along with four gold bangles, one gold kangan, one gold necklace, one gold chain, another gold chain, one gent's bracelet, one baby bracelet, one pair of kante, one pair of earrings, one 'kara' for baby, one 'ring for baby, one pair small earring, one small chain, three gent's writs watches, two lady wrist watches out of the possession of Shri Chanan Singh and whilst committing the said robbery at the house of Chanan Singh caused injuries on the person of Chanan Singh with a razor which was a deadly weapon and thus committed the said offences punishable under Section 452 r/w 34, Section 392 r/w 34, Section 394 r/w 34 and Section 397 Indian Penal Code, 1860. Vide the impugned order on sentence dated 22.11.2003, the appellant was sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs.500/- for the offence punishable under Section 452 Indian Penal Code, 1860 and in default of the payment of the said fine to under Rigorous Imprisonment for a period of two months. The convict was also sentenced to Rigorous Imprisonment for a period of three years and to pay a fine of Rs.500/- for the offence punishable under Section 392 Indian Penal Code, 1860 and in default of the payment of the said fine to under Rigorous Imprisonment for a period of two months and further sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs.1, 000/- for the offence punishable under Section 394 Indian Penal Code, 1860 and in default of the payment of the said fine to under Rigorous Imprisonment for a period of four months and in addition to this sentence, he was also sentenced to under Rigorous Imprisonment for a period of seven years for the offence punishable under Section 397 Indian Penal Code, 1860. The appellant at the time of sentencing as indicated vide the impugned order on sentence dated 22.11.2003 was in judicial custody since 26.12.2001 and it was thus directed that all the substantive sentences would run concurrently and that the convict would get the benefit of the period of detention already undergone in terms of Section 428 Cr.PC, 1973.

(2.) During the course of the hearing in the present appeal as indicated as placed on record is an application Crl.M.B.687/2006 filed by the appellant seeking to be released on the period of detention already undergone submitting to the effect that he did not want to press this appeal against the conviction. However as on the date 107.2006 when the application was taken up for consideration, it was observed that the appellant had suffered imprisonment of only about five years, six months including remissions and the convict having been sentenced inter alia under Section 397 Indian Penal Code, 1860 for which the law prescribes a minimum imprisonment of seven years, the application Crl.M.B.687/2006 was dismissed.

(3.) The matter was taken up for hearing in terms of proceedings dated 04.06.2018, 07.06.2018 and 08.06.2018. the Trial Court record has been received in the e-form and print thereof has been placed on the record. The nominal roll was called for from the Superintendent Jail, Delhi which has been received from the Superintendent of Prison, Central Jail No.4, Tihar, Delhi which indicates that the appellant has undergone the period of the substantive sentence and has paid the fine at the jail gate and was thus released on 26.09.2007, he having been in custody since 26.12.2001 as per the impugned order on sentence and having been in custody w.e.f. 28.12.2001 as an under trial as per the nominal roll received.