Pradeep v. State

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 156/2018 PRADEEP ..... Appellant Through Mr Dinesh Malik and Mr Retesh Malik, Advocates with appellant in custody.

versus STATE ..... Respondent Through Ms Kusum Dhalla, APP for State with SI Sunny Kumar, P.S. Mukherjee Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 05.11.2019 1.

The appellant has filed the present appeal impugning a judgment dated 03.06.2017 and the order of sentence dated 07.06.2017 passed by ASJ01 (North), Rohini Courts, Delhi in the case titled 'State v. Naresh @ Pappu Pager'.

2.

The appellant was convicted of an offence under Sections 392/394/34 of the IPC. He was sentenced to serve rigorous imprisonment for a period of five years for the offence under Sections 392/34 of the IPC. The appellant was also directed to pay a fine of ₹2,000/-.

3.

The learned counsel appearing for the appellant states on the instructions of the appellant, who is present in Court, that the appellant does not wish to challenge his conviction. He, however, requests that a lenient view be taken in respect of the sentence awarded to him. He submits that the

appellant was merely eighteen years of age at the relevant time and has no criminal antecedents.

4.

The nominal roll of the appellant has been furnished which shows that the appellant has already served three years, seven months and twenty-two days as on 09.10.2019. In addition, he has also earned remission of eight months and ten days as on 09.10.2019. He was required to serve a further period of seven months and twenty-eight days out of which he has already served twenty-seven days.

5.

Considering the age of the appellant and considering that he has no criminal antecedents, the sentence awarded to the appellant is reduced to the sentence already served. The direction to pay the fine is not interfered with. 6.

The appellant will be released on the appellant paying the fine as directed.

7.

The appeal is disposed of in the aforesaid terms. 8.

Order dasti under signatures of the court master. VIBHU BAKHRU, J NOVEMBER 05, 2019 pkv