RAJ KUMAR vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23.07.2025 + CRL.A. 1174/2017, CRL.M.A. 22236/2022, CRL.M.A. 22237/2022, CRL.M.A. 1855/2023, CRL.M.A. 30250/2024 and CRL.M.A. 10338/2025 RAJ KUMAR .....Appellant Through: Mr.Saurabh Kansal, Ms.Pallavi S. Kansal, Mr.Raghav Vij and Mr.Pratham Malik, Advocates versus STATE .....Respondent Through: Mr.Pradeep Gahalot, APP for State CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of present appeal, the appellant seeks to assail the judgement of conviction dated 27.10.2017 in Session Case No.58740/2016 passed by ASJ, Rohini Courts, Delhi in the case arising out of FIR No.811/2015 vide which he has been convicted under Section 392/397 IPC and Section 25 of the Arms Act. Vide order on sentence dated 02.11.2017, he was directed to undergo rigorous imprisonment for a period of 7 years for the offence punishable under Section 392/397 IPC alongwith payment of fine of Rs.10,000/-, in default whereof he was directed to further undergo simple imprisonment for a period of 3 months. He was also sentenced to rigorous imprisonment for a period of 1 year for the offence under Section 25 Arms Act. The benefit of Section 428 Cr.P.C was also given to the appellant. Signature Not Verified Signed By:GAUTAM CRL.A. 1174/2017 Page 1 of 5 ASWAL Signing Date:26.07.2025 20:17:44 2. Briefly stated, the facts of the present case are that on 09.09.2015, at about 12:42 AM, an information, vide DD No. 5A, was received regarding the apprehension of one person having one pistol at Outer Ring Road, near DTC Bus Stop, Jahangirpuri, Delhi. The police officials namely, Ct. Sandeep along with Ct. Suresh reached at the spot and met the complainant/Anuj, recovered the said pistol and recorded the statement of complainant based on w