Tue. Nov 24th, 2020

Pratap Singh vs The State Of Nct Of Delhi on 14 June, 2018

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1. The appellant Shri Pratap Singh, s/o Shri Kundan Singh vide the
impugned judgment dated 22.11.2003 was convicted for the
commission of offences punishable under Section 452/392 r/w
Section 34 and Section 394/397 Indian Penal Code, 1860 in relation
to charges framed against him on 05.07.2002 to the effect that on
25.10.2001 at about 1:15 am at the H.No.107, Gali No.3, he along
with his other associates named Ramesh and Avtar in furtherance of
their common intention committed a robbery by committing
criminal house trespass into the house of Chanan Singh after having
made preparation to cause hurt to Chanan Singh and had in
furtherance of their common intention with the said Ramesh and
Avtar on the said date, time and place committed robbery and
looted a sum of Rs.80,000/-, one thousand US dollars, 200 pounds

CRL.A. 548/2004 Page 1 of 12
along with four gold bangles, one gold kangan, one gold necklace,
one gold chain, another gold chain, one gent’s bracelet, one baby
bracelet, one pair of kante, one pair of earrings, one ‘kara’ for baby,
one ‘ring for baby, one pair small earring, one small chain, three
gent’s writs watches, two lady wrist watches out of the possession
of Shri Chanan Singh and whilst committing the said robbery at the
house of Chanan Singh caused injuries on the person of Chanan
Singh with a razor which was a deadly weapon and thus committed
the said offences punishable under Section 452 r/w 34, Section 392
r/w 34, Section 394 r/w 34 and Section 397 Indian Penal Code,
1860. Vide the impugned order on sentence dated 22.11.2003, the
appellant was sentenced to undergo Rigorous Imprisonment for a
period of three years and to pay a fine of Rs.500/- for the offence
punishable under Section 452 Indian Penal Code, 1860 and in
default of the payment of the said fine to under Rigorous
Imprisonment for a period of two months. The convict was also
sentenced to Rigorous Imprisonment for a period of three years and
to pay a fine of Rs.500/- for the offence punishable under Section
392 Indian Penal Code, 1860 and in default of the payment of the
said fine to under Rigorous Imprisonment for a period of two
months and further sentenced to undergo Rigorous Imprisonment
for five years and to pay a fine of Rs.1,000/- for the offence
punishable under Section 394 Indian Penal Code, 1860 and in
default of the payment of the said fine to under Rigorous
Imprisonment for a period of four months and in addition to this
sentence, he was also sentenced to under Rigorous Imprisonment

CRL.A. 548/2004 Page 2 of 12
for a period of seven years for the offence punishable under Section
397 Indian Penal Code, 1860. The appellant at the time of
sentencing as indicated vide the impugned order on sentence dated
22.11.2003 was in judicial custody since 26.12.2001 and it was thus
directed that all the substantive sentences would run concurrently
and that the convict would get the benefit of the period of detention
already undergone in terms of Section 428 Cr.PC, 1973.

Source: Indian Kanoon

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