SHEKHAR PATHAK & ORS. vs THE STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:04th August, 2025 Date of Decision:11th August, 2025 + CRL.A. 278/2003 SHEKHAR PATHAK & ORS. .....Appellants Through: Ms. Tanya Agarwal, Advocate for Appellant no. 1. Mr. Tom Joseph and Ms. Arya Krishnan, Advocates for Appellants no. 2, 3 & 4. versus THE STATE .....Respondent Through: Mr. Satinder Singh Bawa, APP with Inspector Sunil Kumar, SI Yashwant Kumar and SI Kamal, PS Tughlak Road. CORAM: JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT 1. The present Appeal is filed by the Appellants under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) against the judgment dated 27th February, 2003 (hereinafter referred to as the “impugned judgment”) and against the Order-on- Sentence dated 9th April, 2003 (hereinafter referred to as the “impugned Order on Sentence”) passed by the court of Additional Sessions Judge, Patiala House Courts, New Delhi (hereinafter referred to as the “Trial Signature Not Verified CRL. A. 278/2003 Page 1 of 13 Signed By:NAMITA DHYANI Signing Date:11.08.2025 17:36:53 Court”) in Session Case bearing No. SC No. 665/1996 arising out of FIR bearing No. 215/1991 registered at Police Station Tughlak Road, Delhi. The Appellants vide the impugned judgment were held guilty for committing the offences punishable under Sections 395/34 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”). The Appellants vide the impugned Order on Sentence were sentenced to undergo Rigorous Imprisonment for a period of 3 years and to pay a fine of Rs.500/- each, under Section 395 IPC and in default of payment of fine, each of the convict were sentenced to undergo Simple Imprisonment for one month. 2. Briefly stated, the Prosecution’s case as reflected in the impugned judgment