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december 2025

Delhi High Court · 2025-12-05

RAKESH vs THE STATE

Citation / case number
CRL.A.-428/2004 2025:DHC:10901
Court
Delhi High Court
Petitioner
RAKESH
Respondent
THE STATE
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Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27th November, 2025 Date of Decision: 05th December, 2025 CRL.A. 428/2004 RAKESH .....Appellant Through: Mr. R. K. Singh, Advocate along with Appellant in person. versus THE STATE .....Respondent Through: Mr. Mukesh Kumar, APP with Mr. Naveen, Mr. Siddhanth Goyal and Mr. Arsalan Naik, Advocates for State. CORAM: HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT % 1. By way of the present appeal, the appellant seeks to assail the judgment dated 29th April, 2004 and the order on sentence dated 15th May, 2004 passed by the trial Court arising out of the FIR bearing No. 153/02 registered at Police Station - Haus Khazi. 2. Vide the impugned judgment, the appellant was held guilty for committing the offence punishable under Section 323 r/w Section 34 of the Indian Penal Code (hereinafter “IPC”) and vide the impugned order on sentence, the appellant was sentenced to undergo Rigorous Imprisonment for a period of three months along with a fine of Rs. 3000/- and in default 3. The appellant was charged under Section 308/34 IPC on the allegations that on 10th July, 2002 at about 8:00 AM at House No. 1656, Gali Himmat Garh, Sita Ram Baza