HUSSAIN AHMED vs STATE (NCT) OF DELHI THROUGH CHIEF SECRETARY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 30.07.2025 Pronounced on : 05.08.2025 + CRL.A. 632/2024 HUSSAIN AHMED Through: Mr. Kanhaiya Singhal, Mr. Prasanna, Mr. Rahul Bhaskar, Ms. Ankita Makan, Mr. Binwant Singh and Ms. Shringarika, Advs. versus STATE (NCT) OF DELHI THROUGH CHIEF SECRETARY .....Respondent Through: Mr. Pradeep Gahalot, APP for the State. SI Satish Bhati, PS Sarita Vihar. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred under Section 415 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the appellant challenging the judgment of conviction dated 27.04.2024 and the order on sentence dated 01.06.2024 passed by the learned ASJ-03, South East District, Saket Courts, New Delhi in Sessions Case No. 128/2022 arising out of FIR No. 328/2021 registered at Police Station Sarita Vihar, Delhi under Sections 394/397/411/34 IPC and Section 25 of the Arms Act. Signature Not Verified Signed By:GAUTAM CRL.A. 632/2024 Page 1 of 7 ASWAL Signing Date:05.08.2025 17:15:10 Vide the impugned judgment, the appellant was convicted for the offences punishable under Sections 394/397/411/34 IPC and Section 25 Arms Act. By the order on sentence, he was sentenced to undergo rigorous imprisonment (RI) for 10 years under Section 394/34 IPC, RI for 10 years under Section 397 IPC, and simple imprisonment (SI) for 1 year under Section 25 of the Arms Act. All sentences were directed to run concurrently. The benefit of Section 428 Cr.P.C. was also extended to the appellant. 2. The brief facts of the case, is that on 20.09.2021 at about 7:30 p.m., the complainant (PW-5) was sitting outside his house along with his minor son and his cousin Md. Sultan Alam (PW-7) when four unknown boys arrived and attempted