AJAY KUMAR vs STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 04.07.2025 + CRL.A. 549/2007 & CRL.M.A. 14125/2025 AJAY KUMAR .....Appellant Through: Mr. Sanjay Mani Tripathi, Advocate. versus STATE .....Respondent Through: Mr. Naresh Kumar Chahar, APP for State. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of the present appeal, the appellant seeks to challenge the judgment dated 24.07.2007 and order on sentence dated 02.08.2007, passed by the learned Additional and Sessions Judge, Delhi [hereafter „Trial Court‟] in Sessions Case No. 81/2006, arising out of FIR No. 302/2003, registered at Police Station Moti Nagar, Delhi. 2. By way of the impugned judgment and order, the learned Trial Court was pleased to convict the appellant herein for the offences punishable under Sections 392/394/34 and Section 397 of Indian Penal Code, 1860 [hereafter „IPC‟] wherein the appellant was CRL.A. 549/2007 Page 1 of 9 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:05.07.2025 17:12:21 sentenced to rigorous imprisonment for a period of 03 years and payment of fine of ₹2,000/- (in default, simple imprisonment for 02 months) for offence under Sections 392/34 of IPC, rigorous imprisonment for a period of 04 years and 06 months and payment of fine of ₹2,000/- (in default, simple imprisonment for 02 months) for offence under Section 394 of IPC, and rigorous imprisonment for a period of 07 years for offence under Section 397 of IPC. 3. Briefly stated, facts of the present case are that on 22.07.2003, Shri Bhushan Bhandari, resident of Karampura, Delhi, had been robbed of ₹7,50,000/‑, which his accountant had withdrawn earlier the same day from Bank of Punjab, West Punjabi Bagh Branch, Delhi. It was alleged that two y