PARVINDER KANSAL Vs. STATE OF NCT OF DELHI
LAWS(SC)-2020-8-44
SUPREME COURT OF INDIA
Decided on August 28,2020

Parvinder Kansal Appellant
VERSUS
STATE OF NCT OF DELHI Respondents


Referred Judgements :-

NATIONAL LEATHER CLOTH MANUFACTURING CO VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

SHIREEN VS. STATE OF U.P. [LAWS(ALL)-2022-7-30] [REFERRED TO]
SULAIMAN VS. STATE OF KERALA [LAWS(KER)-2022-3-82] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)This criminal appeal is filed by the appellant in Criminal Appeal No. 1284 of 2019, aggrieved by the order dated 27th November 2019 passed by the High Court of Delhi at New Delhi. By the aforesaid order, High Court has dismissed the appeal filed by the appellant herein under Section 372 of the Code of Criminal Procedure seeking enhancement of sentence imposed in Sessions Case No.742 of 2007 by the Special Judge (NDPS), North District, Rohini District Courts, Delhi vide order dated 17.08.2019.
(3.)The appellant herein was the complainant in FIR No.742 of 2007 registered on 15.10.2007 for the offence under Section 364A read with Section 34, IPC and the second respondent herein was the accused. After investigation of the crime, chargesheet dated 11.01.2008 was filed against the second respondent-accused under Sections 364A/302/201, IPC. On committal, case was referred to the court of Special Judge (NDPS), North District, Rohini Courts, Delhi and the second respondent was tried in Sessions Case No.58259 of 2016. By judgment dated 30th July 2019 in the above said Sessions Case No.742 of 2007 the second respondent was convicted for offence punishable under Sections 364A, 302 and 201, IPC. By subsequent order dated 17th August 2019 he was sentenced for offence under Sections 302, 364A and 201, IPC as under :
"14. In view of above observations this Court directs that:

A) The convict is sentenced with imprisonment for life u/s 302 IPC and is further directed to pay a fine of Rs.1 lakh. In default of payment of fine, he is directed to undergo SI for five years.

B) The convict is sentenced with imprisonment for life u/s 364A IPC and is further directed to pay a fine of Rs.1 lakh. In default of payment of fine, he is directed to undergo SI for five years.

C) The convict is sentenced with rigorous imprisonment for seven years for the offence punishable u/s 201 IPC and is further directed to pay a fine of Rs.50,000/-. In default of payment of fine, he is directed to undergo SI for one year.

All the sentences shall run concurrently. Benefit of Section 428 Cr.PC shall be given to the convict qua the offence u/s 201 IPC."

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