UMESH KUMAR S/O HORI LAL vs STATE (GNCT) OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th December, 2025 Date of Decision: 23rd December, 2025 + CRL.A. 840/2008 UMESH KUMAR S/O HORI LAL .....Appellant Through: Ms. Rakhi Dubey (DHCLSC) with Mr. Ashutosh Pandey, Advocate along with Appellant in person. versus STATE (GNCT) OF DELHI .....Respondent Through: Mr. Mukesh Kumar, APP with Mr.Siddharth 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 05h December, 2007 and the order on sentence dated 11th December, 2007 passed by the trial Court in SC No. 290/06, arising out of the FIR bearing No. 339/2005, registered at Police Station - Shahdara. 2. Vide the impugned judgment, the appellant was held guilty for committing the offences punishable under Section 363 IPC and 366A 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 four years along with a fine of Rs. 10,000/-, and in default of payment of fine, to further undergo RI for one year under Section 363 IPC. He was also sentenced to undergo RI for seven years and pay a fine of Rs. 10,000/- and in default thereof, to further undergo RI for one year under Signature Not Verified CRL.A. 840/2008 Page 1 of 5 Signed By:MANISHA RAJPUT Signing Date:23.12.2025 14:36:28 Section 366A IPC. Both the sentences were directed to run concurrently. 3. The appellant was charged under Section 328/363/365/366/376 IPC on the allegations that on 22nd June, 2005, at about 8:00 PM, on the road from Shahdara to Ashok Nagar, within the jurisdiction of P.S. Shahdara, the appellant kidnapped the prosecutrix from the lawful guardianshi