AFZAL vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 24.09.2025 Pronounced on : 26.09.2025 + CRL.A. 896/2024 AFZAL .....Appellant Through: Mr. Sumit Kr. Mishra, Advocate. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahalot, APP for State CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of present appeal, the appellant challenges the impugned judgment of conviction dated 23.04.2024 and order on sentence dated 28.08.2024 passed by the learned Additional Sessions Judge-05, East, Karkardooma Courts, Delhi in Sessions Case No. 625/2023 arising out of FIR No.390/2023 registered under Sections 392/397/411/34 at P.S. Patparganj Industrial Area. The appellant was convicted for the offences punishable under Sections 392/397/411 IPC and sentenced as under: “(a) Convict Afzal is sentenced to undergo rigorous imprisonment for seven years offence punishable 392 IPC and to pay fine of Rs.1000/-. In default of payment of fine, convict shall undergo simple imprisonment for one month. (b) Convict Afzal is sentenced to undergo rigorous imprisonment for seven years for the offence punishable 397 IPC. (c) Convict Afzal is sentenced to undergo rigorous imprisonment for one year for the offence punishable 411 IPC and to pay fine of Signature Not Verified Digitally Signed CRL.A. 896/2024 Page 1 of 6 By:NIJAMUDDEE N ANSARI Rs.500/-. In default of payment of fine, convict shall undergo SI for 1 month. (d) Sentences and default sentences to run concurrently. (e) Benefit of section 428 Cr.P.C is extended to the convict.” 2. The facts in a nutshell, as per the case of the prosecution, are that on 27.06.2023 at about 6:30 AM, the complainant came from his native place in Uttarakhand and reached Anand Vihar bus stand to catch a bus to his place of work located