SUMIT vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 22.09.2025 + CRL.A. 958/2016 SUMIT .....Appellant Through: Mr. Rakesh Sharma, Advocate with appellant in person Versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Bharat Singh Ms.Gayatri Nandwani, Ms.Mudita Sharda and Mr.Adrian Abbi, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of present appeal, the appellant has assailed the judgment dated 23.09.2016 and order on sentence dated 26.09.2016 passed by the learned ASJ (Special Fast Track Court)-01, West, Tis Hazari Courts, Delhi in Sessions Case No. 12/2014, arising from FIR No. 685/2013 registered at PS Uttam Nagar, under Sections 323, 354, 354 A, 376,511 and 34 of the IPC. Vide the impugned judgement, the appellant was convicted for the offences under 323/354/509 IPC. Vide the order on sentence, the appellant was directed to pay a fine of ₹1,000/- under Section 323 IPC, and in default, Signature Not Verified Signed By:NIJAMUDDEEN ANSARI CRL.A. 958/2016 Page 1 of 8 Signing Date:23.09.2025 20:22:16 directed to undergo SI for 7 days; for the offence under Section 509 IPC to undergo imprisonment for the period already undergone, i.e. 4 months and 15 days, with fine of ₹5,000/-, and in default to undergo SI for one month; and to undergo SI for one year with fine of ₹5,000/-, in default to undergo SI for one month, under Section 354 IPC. The sentences were directed to run concurrently. The benefit of 428 Cr.P.C. was extended to him. This Court, by order dated 17.10.2016, suspended the sentence of the appellant during the pendency of this appeal. 2. The case of the prosecution, briefly, as noted by the Trial Court, was that the prosecutrix, married to appellant’s brother Harish Sabharwa