STATE vs RAKESH & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25.07.2025 + CRL.A. 89/2020 STATE ..... Appellant Through: Mr. Pradeep Gahalot, APP for State Versus RAKESH & ANR . ..... Respondents Through: Ms. Aishwarya Rao and Ms. Mansi Rao, Advocates with Insp. Rajiv Kumar and ASI Mukesh Kumar. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) CRL. MA 1394/2020 (delay of 90 days in filing the appeal) 1. By way of the present application, the applicant/appellant seeks condonation of delay of 90 days in filing of the present appeal. 2. For the reasons mentioned in the application, it is allowed and the delay of 90 days in filing the appeal is condoned. 3. The application stands disposed of accordingly. CRL.A. 89/2020 1. The appellant/State has preferred the present appeal under Section 377 of the Cr.P.C., thereby seeking setting aside of order on sentence dated 01.10.2019 passed by the learned ASJ-04, Central District, Tis Hazari Courts, Delhi, in respect of Case No. 2218/2019, arising out of FIR No. 146/2018 registered under Sections 394/34 IPC at PS Hazrat Nizamuddin Railway Station, Delhi as well as seeking enhancement of sentence. Signature Not Verified CRL.A. 89/2020 Page 1 of 4 Signed By:GAUTAM ASWAL Signing Date:30.07.2025 16:18:16 2. Pertinently, the Magisterial trial ended in conviction of the respondents under Sections 394/34 IPC vide decision dated 08.07.2019 and vide order on sentence dated 12.07.2019. Respondent no.1/Rakesh was sentenced to undergo RI for a period of 30 months under Sections 394/34 IPC and he was further directed to pay a fine of Rs.100/- (which was paid). Respondent no.2/Ajay Kumar was directed to undergo RI for 18 months under Section 394/34 IPC and was ordered to pay fine of Rs.100/- (which was also paid). The benefit of Section