STATE vs GAUTAM KUMAR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30th January, 2025 CRL.A. 93/2021 STATE .....Appellant Through: Mr. Shoaib Haider, APP for the State with SI Dilsukh, PS KNK Marg, Rohini. versus GAUTAM KUMAR .....Respondent Through: Mr. Umay Mittal and Ms. Priyanka Marwah, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Appeal under Section 377 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) has been filed by the Appellant/State, against the Order on Sentence dated 20.07.2020 of the learned ASJ to seek enhancement of sentence imposed Section 279/304-A of the Indian Penal Code, 1860. 2. Briefly stated, the FIR No. 456/2011 under Section 279/304-A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station K.N. Katju Marg against the accused/Gautam Kumar, on account of demise of motorcyclist, Mr. Rajat Kumar, on 11.11.2011, due to rash and negligent driving of Bolero Car bearing registration No. DL 8C NA 1844. CRL.A. 93/2021 3. After the trial, Ld. Metropolitan Magistrate held the Respondent /Gautam guilty of the offence under Section 279/304 A of the IPC, 1860, vide J