KUNDAN SINGH NEGI vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 23.09.2025 Pronounced on : 17.10.2025 + CRL.A. 1108/2017 KUNDAN SINGH NEGI .....Appellant Through: Ms. Manika Tripathy, Advocate (DHCLSC) with Mr. Gautam Yadav and Mr. Aakash Mohar, Advocates. versus STATE .....Respondent Through: Ms. Shubhi Gupta, APP for State with SI Deepak Sharma P.S. Dabri Ms. Kartika Sharma, Advocate (Amicus Curiae) for the victim. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted under Section 374(2) Cr.P.C. against the judgment of conviction dated 23.09.2017, whereby the appellant was convicted for the offence punishable under Sections 376/323/342/506 IPC. Vide order on sentence dated 26.09.2017, the appellant was sentenced as under:- i. 7 years RI with fine of Rs.5,000/-, and in default of payment of fine to undergo 30 days SI, for the offence punishable under Section 376 IPC; Signature Not Verified Digitally Signed CRL.A. 1108/2017 Page 1 of 13 By:NIJAMUDDEE N ANSARI ii. 3 months RI with fine of Rs.1,000/-, and in default of payment of fine to undergo 15 days SI, for the offence punishable under Section 323 IPC; iii. 3 months RI with fine of Rs.1,000/-, and in default of payment of fine to undergo 15 days SI, for the offence punishable under Section 342 IPC; and iv. 6 months RI with fine of Rs.1,000/-, and in default of payment of fine to undergo 30 days SI, for the offence punishable under Section 506 IPC. All sentences were directed to run concurrently and the benefit of Section 428 Cr.P.C. was extended to the appellant. The sentence of the appellant was suspended by this Court on 29.07.2022. 2. The appellant faced trial in the context of a complaint dated 14.11.2016, wherein the prosecutrix alleged that she had known the appellant for the