State v. Mohit Kumar & ANR.
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 541/2009 STATE .....Appellant Through:
Mr. Satinder Singh Bawa, APP for State.
versus MOHIT KUMAR & ANR.
.....Respondents Through:
Mr. Kapil Singhal, Advocate.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 13.09.2024 1.
The Respondents have been convicted under Section 308/34 IPC vide judgment dated 23.08.2024.
2.
Learned counsel for the respondents submit that they already suffered incarceration of 15 days each. There is no previous conviction and they have clean antecedents.
3.
Respondent, Mohit Kumar was aged about 18 years at the time of the incident and is presently 36 years old. He is married and has a family and earns his livelihood by running a General Store. There has been no other incident after the incident in question. 4.
The co-convict Sandeep Kumar was also aged 18 years at the time of incident and is now 36 years old. He is married and has three minor daughters. He is presently as agriculturist. He has no other conviction and has clean antecedents and has been peacefully living. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:54:54
5.
Learned Prosecutor submits that looking at the injuries suffered by the complainant they may be punished suitably. 6.
Arguments heard.
7.
This is an incident of 2006 and the petitioners have already undergone 15 days of incarceration. Both were barely 18 years old at the time of incident and now have their respective families to support. They have already suffered much and there is no other incident in which they ever got involved and have not shown any propensity to commit crime.
8.
There being a shift to rehabilitative Punishment Policy, the petitioners are hereby sentenced for the period already undergone. 9.
Appeal stands disposed of.
NEENA BANSAL KRISHNA, J SEPTEMBER 13, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 05:54:54