Mehtab v. State
Case brief
What is this about?
The High Court adjudicated an appeal against conviction and sentence for offences under Sections 323/324/34 IPC involving assault with a sharp weapon. The court upheld the conviction, rejecting the doubt over identification since the accused was caught at the scene, and modified the sentence to account for time already served.
What did the court decide?
Conviction upheld for Sections 323/324/34 IPC; sentence modified; appellant directed to be released forthwith.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Judgment reserved on: December 18, 2017 Judgment delivered on: January 03, 2018
- CRL.A. 564/2017 MEHTAB ..... Appellant Represented by: Mr. Jivesh Tiwari, Adv. versus STATE ..... Respondent Represented by: Ms. Meenakshi Chauhan, APP with SI Prempal Singh PS Bhajanpura.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
- By the present appeal, the appellant challenges the impugned judgment dated 7th November, 2016 convicting him for the offences punishable under Sections 323/324/34 IPC in FIR No. 1007/2014 registered at PS Bhajanpura and the order on sentence dated 10th November, 2016 directing him to undergo rigorous imprisonment for a period of one year and to pay a fine of
1,000/- and in default, to undergo simple imprisonment for a period of 15 days for the offence punishable under Section 323 IPC and rigorous imprisonment for a period of three years and to pay a fine of1,000/- and in default, to undergo simple imprisonment for a period of 15 days for the offence punishable under Section 324 IPC.
- Learned counsel for the appellant contended that the identification of the appellant by Ahmed Ali PW-2 is highly doubtful. Appellant was not the person who put hand in the pocket.
CRL.A. 564/2017 Page 1 of 5
- Learned APP for the State on the other hand contends that impugned judgment and the order on sentence suffer from no illegality. The appellant was identified by Ahmed Ali PW-2 and Abdul Rehman PW-3.
Issues for consideration
2 issues framed by the court
Whether the identification of the appellant is doubtful given that he was apprehended at the spot with injuries.
Whether the conviction for offences under Sections 323/324/34 IPC should be upheld and the sentence modified.
Parties & counsel
- appellant
MEHTAB
- respondent
STATE
Coram
MUKTA GUPTA
Case details
As recorded by the court registry
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