MUSHIR AHMED vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 29.10.2025 Pronounced on : 30.10.2025 + CRL.A.392/2018 MUSHIR AHMED ….Appellant Through: Mr Samar Singh Kachwaha, Ms Kavita Vinayak and Mr Yash Dadriwal, Advs. VERSUS STATE ….Respondent Through: Ms Shubhi Gutpa, APP for State with SI Jatin PS, Tilak Nagar, New Delhi. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted under Section 374 Cr.P.C. seeking setting aside of the judgment of conviction dated 05.02.2018 and order on sentence dated 07.02.2018 passed by the learned Additional Sessions Judge-II (North-West), Rohini Courts, Delhi, where by the appellant was convicted for the offence punishable under Sections 394/397/174A IPC & Sec.25(1-B)(a)/27 Arms Act in Sessions Case No.592/2006 arising out of FIR No.729/2005, registered at PS: Tilak Nagar, Delhi. He was sentenced in the following manner:- Offence under:- Sentence Default sentence Signature Not Verified Digitally Signed CRL.A. 392/2018 Page 1 of 8 By:NIJAMUDDEE N ANSARI Section 394 IPC RI for 07 years and fine of Rs. l0,000/ SI for 30 days - Section 397 IPC RI for 07 years and fine of Rs. l0,000/ SI for 30 days - Section 25(1-B)(a) RI for 02 years and fine of Rs. 5,000/ - SI for 15 days Arms Act Section 27 Arms RI for 02 years and fine of Rs. 5,000/ - SI for 15 days Act Section 174A IPC RI for 02 years and fine of Rs. 5,000/ - SI for 15 days All the sentences were to run concurrently. Benefit of Section 428 CrPC was extended to the appellant. The sentence of the appellant was suspended by this Court on 06.04.2018. 2. The prosecution facts, as noted by the Trial Court, are extracted hereunder:- “The case of the prosecution in brief is that on 10/11/2005 DD no. 13A was received at Police Station Tilak Nagar pursuant