ROHIT @ RAHUL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These appeals are directed against the impugned judgment dated 22nd August, 2014 passed by the learned Additional Sessions Judge -II (North- West) (), Rohini Courts, Delhi in Sessions Case No.85/2013 arising out of FIR No.278/2011 registered at Police Station (PS) Adarsh Nagar convicting Rudramani @ Rukmani @ Guderia @ Rohit (Accused No.1 - A-1') and both the Appellants Rohit Kumar @ Rahul (A-2) and Sunil (A- 3) for the offences under Sections 392 / 34 and 302 / 34 of the Indian Penal Code ( IPC ). By the same judgment A-1was additionally held guilty of the offence under Section 392 read with Section 397 and Section 302 / 34 IPC as well as Sections 25 , 54 and 59 of the Arms Act.

(2.) These two appeals by A-2 and A-3 are also directed against the order on sentence dated 3rd September, 2014 of the trial Court whereby each of the Appellants i.e. A-2 and A-3 were sentenced for the offence under Section 302 IPC to rigorous imprisonment (RI) for life with a fine of Rs.1 lakh and in default of payment of fine to undergo simple imprisonment (SI) for a period of six months; and for the offence under Section 392 IPC to undergo RI for ten years with a fine of Rs.5,000/- and in default of payment of fine to undergo SI for one month. Both the sentences were directed to run concurrently.

(3.) At the outset, it must be mentioned that as far as A-1 is concerned, in his appeal, a Division Bench of this Court has by an order dated 20th October 2016 in his appeal (Crl. A. No. 374 of 2015) held that he was a juvenile as on the date of commission of the offence and was entitled to the benefit of Juvenile Justice (Care and Protection of Children) Act , 2000 (JJ Act). His appeal was, therefore, separated from the present two appeals - one by A-2 Rohit (Crl. Appeal No.139/2015) and the other by A-3 Sunil (Crl. Appeal No.1541/2014).