STATE OF NCT OF DELHI vs SUBHAN ALI @ GANGI & ANR.

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th January, 2025 + CRL.L.P. 197/2022 STATE OF NCT OF DELHI .....Petitioner Through: Mr. Ritesh Kumar Bahri, APP for State with Mr. Lalit Luthra, Adv. with SI Sangeeta PS S.B. Dairy. versus SUBHAN ALI @ GANGI & ANR. .....Respondents Through: Ms. Sairica Raju, Adv. (Amicus) on behalf of both the Respondents with Mr. Aditya Goswami, Adv. (Assisting Amicus) (M:9205105221) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present leave petition has been filed on behalf of the Petitioner- State of NCT of Delhi assailing the impugned judgment of conviction and order on sentence dated 11th December, 2019 and 13th December, 2019 respectively, passed by Sh, Umesh Grewal, ld. ASJ, Special FTC (North), Rohini Courts, Delhi, whereby the Accused/Respondent has been convicted in SC No. 58548/16, in FIR No. 543/15 registered in PS. Shahbad Dairy under Sections 376D/451/506/34 IPC. 3. Vide the impugned order on sentence, the Accused/Respondent herein has been convicted under Sections 452/354 IPC. The relevant portion of the Signature Not Verified Digitally Signed By:DHIRENDER KUMAR CRL.L.P. 197/2022 Page 1 of 5 Signing Date:29.01.2025 16:44 order on sentence dated 13th December, 2019 is extracted hereinunder: “3. Taking into account mitigating and militating circumstances, convict Subhan Ali @ Gangi is directed to undergo rigorous imprisonment of three years and pay fine of Rs. 3,000/- for offence punishable u/s. 452 IPC. In default of payment of fine, he shall undergo simple imprisonment for two months. The convict is further directed to undergo rigorous imprisonment of three years and to pay fine of Rs. 2,000/- for offence pun