RAHUL @ SHIV vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29.08.2025 + CRL.A. 421/2018 RAHUL @ SHIV .....Appellant Through: Mr. Suraj Prakash Sharma, Advocate. versus STATE (NCT OF DELHI) .....Respondent Through: Mr Pradeep Gahalot, APP for State with SI Mahendra Patel PS Narela, Delhi. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT : (ORAL) 1. By way of the present appeal, the appellants seek to assail the judgment of conviction dated 09.03.2018 and order on sentence dated 17.03.2018 passed by the learned Additional Sessions Judge-02, North District, Rohini Courts, Delhi in SC No. 58443/2015, arising out of FIR No. 817/2013 registered at P.S. Narela under Sections 392/394/397/411/34 IPC. Vide the impugned order on sentence, the appellant was directed to undergo RI for a period of 7 years alongwith fine of Rs. 3,000/-, in default whereof to undergo SI for 4 months, for the offences punishable under Sections 392/397 IPC. He was further sentenced to undergo RI for a period of 4 years alongwith fine of Rs.2,000/-, in default to undergo SI for 3 months for the offence punishable under Section 394 IPC. Both sentences were ordered to run concurrently and benefit under Section 428 Cr.P.C was Signature Not Verified Signed By:GAUTAM CRL.A. 421/2018 Page 1 of 7 ASWAL Signing Date:30.08.2025 19:01:57 extended to the appellant. 2. Briefly, the prosecution’s case is that on 09.11.2013, at about 6:30 p.m., PW-2/Sant Lal and his friend PW-6/Rahul Kumar were walking in a park near Metro Vihar, Holambi Kalan, when three persons, namely the appellant/Rahul @ Shiv and two juveniles, ‘M’ and ‘S’, intercepted them. ‘S’, armed with a danda, struck PW-6/Rahul Kumar, while the appellant placed a knife on the back of PW-2/Sant Lal, threatening to stab him if he moved. ‘M’ thereafter r