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2019 DIGILAW 1016 (DEL)

Sonu v. State (GNCT) Delhi

2019-04-04

SANJEEV SACHDEVA

body2019
JUDGMENT : Sanjeev Sachdeva, J. Petitioner impugns judgment dated 04.01.2017, whereby, the appeal of the petitioner, impugning judgment of conviction dated 09.06.2016 and order on sentence dated 08.07.2016 has been dismissed. 2. Petitioner had been convicted of the offence under Section 452/325/341 IPC and sentenced by the Trial Court to undergo imprisonment of 2 years with fine of Rs.5,000/- each for the offence under Sections 452/325 IPC and sentenced to undergo imprisonment for one month for the offence under Section 341 IPC and in default of payment of fine to further undergo simple imprisonment for one month. The Appellate Court modified the sentenced and reduced the sentence to 6 months with fine of Rs.5,000/- each for the offence under Sections 452 and 325 IPC. 3. The allegations against the petitioner were that he had entered into the factory of the complainant along with some of his friends and assaulted him with a hockey stick, on account of which, the complainant sustained injury on the thumb of his left hand as well as his nose. The nature of injury sustained was opined as grievous. 4. The defence of the petitioner was that there was an ongoing dispute between the father of the petitioner and the complainant and as such, he has been falsely implicated. 5. Both the Trial Court as well as the Appellate Court have held that the prosecution has proved the case beyond reasonable doubt. The Appellate Court accepted the request of the other accused and released them on probation, however, with regard to the petitioner, the application for grant of probation was not accepted. 6. Petitioner is today aged 28 years and is a street vender. He is stated to have four children, who are dependent upon him. It is further stated that his father is also suffering from kidney disease and is undergoing dialysis and requires regular treatment. 7. Learned APP for the State, under instructions from the Investigating Officer, submits that as per their record there are no adverse antecedents of the petitioner and after the subject FIR, no further complaint has been received against the petitioner of his involvement in any other case. 8. Incident is alleged to have occurred on 23.06.2009. Petitioner was initially taken in custody on 27.04.2009 and trial took about 7 years to conclude and judgment of conviction was passed on 09.06.2016. 8. Incident is alleged to have occurred on 23.06.2009. Petitioner was initially taken in custody on 27.04.2009 and trial took about 7 years to conclude and judgment of conviction was passed on 09.06.2016. Out of 6 months imprisonment awarded to the petitioner, petitioner had undergone 3 months and 13 days of incarceration and earned remission of 20 days as on 13.02.2017. Sentence of the petitioner was suspended on 20.02.2017. Accordingly, petitioner has already undergone more than 4 months and 10 days of incarceration out of the 6 months period. 9. Keeping in view the facts and circumstances and also the evidence that has come on record, I am of the view that the impugned order as well as order of conviction does not warrant any interference. However, insofar as the sentence is concerned, keeping in view the family background of the petitioner and other mitigating circumstances, I am of the view that the interest of justice would be served in case the sentence of the petitioner is reduced to the period already undergone. 10. Accordingly, the petition is allowed. The sentence of the petitioner is reduced to the period undergone. 11. Petitioner, who is present in Court in person, submits that the fine amount of Rs.10,000/- has already been deposited. 12. Report be called for from the concerned Superintendent, Jail with regard to payment of the fine. 13. List for awaiting the report of the concerned Superintendent, Jail on 01.05.2019. 14. Order be communicated to the concerned Superintendent, Jail for compliance. 15. Order Dasti under signatures of the Court Master.