STATE (NCT OF DELHI) Vs. SHARMILA @ NANHI

JUDGEMENT

(1.) Present criminal appeal has been filed by the State challenging the order dated 31st July, 2019 sentencing the respondent-accused under Section 307 IPC to two years rigorous imprisonment and fine of Rs.10,000/-.

(2.) Mr. Amit Gupta, learned APP for the State states that the learned Additional Sessions Judge, after holding that a lethal weapon like surgical blade had been used to commit assault on a vital part of the body like neck of the Victim (PW-1), had not given any specific reason for not awarding the maximum sentence to the respondent-accused.

(3.) This Court in State (Govt. of NCT of Delhi) vs. Sonu, Crl.A. 1256/2019 decided on 21st November, 2019 has held that Section 307 IPC prescribes no minimum sentence and the Trial Court can award the maximum sentence provided therein i.e. life imprisonment or any sentence upto ten years after taking into account all the aggravating and mitigating circumstances of the case.