ASHOK KUMAR vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: April 30,2025 Pronounced on: June 12, 2025 + CRL.A. 266/2013 ASHOK KUMAR .....Appellant Through: In person with Mr. Sumer Kumar Sethi & Ms. Dolly Sharma, Advocates Versus STATE .....Respondent Through: Mr. Tarang Srivastava, Additional Public Prosecutor for State with SI Parveen Kumar PS Malviya Nagar CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J. 1. The present Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed on behalf of the appellant assailing the correctness of the Judgment dated 17.01.2013 and Order on Sentence dated 24.01.2013 passed by the learned Additional Session Judge (ASJ) Saket Courts, New Delhi in Sessions Case No. 82/2011, titled as State Vs. Ashok Kumar, whereby the appellant has been held guilty of the offence under Section 379 read with Section 34 of the Indian Penal Code, 1860 („IPC‟) and has been sentenced to undergo sentence of rigorous imprisonment („RI‟) for a period of one year. CRL.A. 266/2013 Page 1 of 11 Signature Not Verified Digitally Signed By:SHALINI UNIYAL BHATT Signing Date:12.06.2025 14:52:18 BRIEF FACTS 2. The brief facts encapsulated in a nutshell, as emerging from the record, are that, on 05.08.2005, at about 09:50 PM, the appellant, Ashok Kumar, along with co-accused Vineet, was brought to the Police Station Malviya Nagar by the complainant, Ram Kishore, and his brother, Shailender Kumar, and was handed over to the Investigating Officer. It was alleged that the appellant and the co-accused had, on 31.07.2005, administered some biscuits to the complainant and his brother, as a result of which they lost consciousness, and were thereafter robbed of a sum of ₹10,000/-. 3. Thereafter, on the same day, i.e., 05.08.2005, the stat