BITTOO SINGH vs THE STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 03.12.2025 Pronounced on : 04.12.2025 Uploaded on : 04.12.2025 + CRL.A. 422/2018 BITOO SINGH .....Appellant Through: Mr. M.L. Yadav, Advocate and Mr. Prashant, Advocate. versus THE STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Surbhi Aggarwal, P.S. Punjabi Bagh. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal filed under Section 374(2) Cr.P.C., the appellant seeks to assail the judgment of conviction and order on sentence dated 23.12.2017 passed by the learned ASJ-05, West, Tis Hazari Courts, Delhi, in Case No. 56617/2016 arising out of FIR No. 616/2015 registered under Sections 392/394/397/411/34 IPC at P.S. Punjabi Bagh. Vide the impugned order on sentence, the appellant was directed to undergo RI for a period of 7 years alongwith fine of Rs.5,000/-, in default whereof he would undergo SI for 2 months, for the offence punishable under Sections 392 read with 397 IPC; and RI for a period of 3 years alongwith fine of Rs.7,000/-, in default whereof he would undergo SI for 3 months, for Signature Not Verified Digitally Signed By:PREM CRL.A. 422/2018 Page 1 of 4 MOHAN CHOUDHARY Signing Date:04.12.2025 21:39:45 the offence punishable under Section 394 IPC. Both sentences were directed to run concurrently and benefit under Section 428 Cr.P.C. was extended to the appellant. 2. Learned counsel for the appellant, while assailing the impugned judgment, restricts his contentions only to the conviction of the appellant under Section 397 IPC. He contends that the said conviction is unsustainable as the testimony of the complainant/PW-2 does not reveal that the appellant used any deadly weapon or caused grievous hurt to him at the time of commission of the robber