KUNAL @ AKHTAR ALI vs STATE (GNCT) OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 05.08.2025 Pronounced on : 11.08.2025 + CRL.A. 181/2024 KUNAL @ AKHTAR ALI .....Appellant Through: Ms. Jahanvi Worah, Advocate versus STATE (GNCT) OF DELHI .....Respondent Through: Mr. Pradeep Gahalot, APP for State CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal filed under Section 374(2) r/w Section 383 Cr.P.C., has been instituted seeking to assail judgment dated 09.10.2023 and order of sentence dated 05.12.2023 in Sessions Case No. 176/2022 arising out of FIR No. 862/2021 registered under Sections 394/411 IPC at P.S. Ranhola , Delhi. The Trial Court convicted the appellant under Section 394 IPC r/w Section 397 IPC and 25 of the Arms Act and sentenced to undergo RI for 7 years with fine of Rs.15,000/-, which was directed to be paid as compensation as Rs. 5,000/- each to all the three victims and in default of payment of fine to further undergo SI for 2 months; for the conviction under Section 25 (1B)(b) of Arms Act, he was further sentenced to undergo RI for 2 years with fine of Rs.5,000/- and in default of payment of fine to further undergo SI for 2 months. All the sentences were directed to be run Signature Not Verified Signed By:GAUTAM CRL.A. 181/2024 Page 1 of 7 ASWAL Signing Date:11.08.2025 18:45:56 concurrently. The benefit of Section 428 CrPC was also given to the appellant. 2. The brief facts of the case are that in the intervening night of 07- 08.12.2021, DD No. 9A came to be recorded with the information that a thief has been apprehended and knife injuries have been inflicted. SI Rahul, the Investigation Officer (IO) along with HC Manoj visited the spot where they met Mehboob Khan, the complainant who handed over the appellant as well as the knife used in the commission of