Delhi District Court
State vs Sanjay @ Kachu on 16 May, 2019
In the Court of
Dr. Satinder Kumar Gautam: ASJ-03 (East):
Karkardooma Courts: Delhi.
S.C. No. 2042/2018
State Versus Sanjay @ Kachu
S/o Sh. Pitul
R/o 13/158, Kalyanpuri
Delhi.
FIR No. : 344/2018
PS. : Kalyanpuri
U/s. : 386 and 411 IPC
ORDER ON SENTENCE:
16.05.2019
1.Vide separate judgment dated 15.05.2019, above mentioned accused has been held guilty and convicted for the offence punishable under Secs. 386 IPC and 411 IPC.
2. I have heard arguments advanced by State and ld. counsel for the convict. I have also heard convicts in person.
3. On behalf of convict, it is submitted that the convict remained behind the bars in the present matter for more than ten months and during that period and even till date no adverse report SC No. 2042/2018 State Vs. Sanjay @ Kachu Page 1 of 4 has been received against him. Ld. defence counsel prayed for lenient view in the matter, in view of the circumstances of the case.
4. Convict submits that he is a young man of 22 years having clean antecedents till date. He also submits that he has also to look after his old ailing parents, one marriageable sister and one younger brother. Convict further submits that he is a simple man and earns his livelihood by doing the work of labour and is a physically challenged with one leg. Convict prayed for lenient view.
5. On the other hand, ld. Addl. PP for the State prayed for maximum sentence to the convict, as per law.
6. It is well settled law that Courts are expected to operate the sentencing system so as to impose such sentence which reflects the conscience of the society and the sentencing process has to be stern where it should be. Proportion between crime and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences. At this point, court has to consider three elements for appropriate measure of punishment out of them one is the motive for the commission of the offence; while another is the magnitude of the offence; and third one is the character of the offender.
7. Section 386 IPC prescribes the sentence as - "xxx shall SC No. 2042/2018 State Vs. Sanjay @ Kachu Page 2 of 4 be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine." While Section 411 IPC prescribes the sentence as - "xxx shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."
8. No contrary report is brought on record to the effect that the accused is first offender. The present convict remained behind bars for more than ten months in the present matter.
9. Under the over all circumstances of the present matter including the mitigating and aggravating circumstances of the convict, convict namely Sanjay @ Kachu S/o Sh. Pitul is hereby sentenced to the period already undergone by him in the present matter with fine of Rs. 50,000/- (Rupees Fifty thousand only) in default of payment of fine, convict is to undergo Simple Imprisonment six months for the offence punishable under Section 386 IPC. Said convict is further sentenced to the period Simple Imprisonment of six months with fine of Rs. 10,000/- (Rupees ten thousand only) in default of payment of fine, convict is to undergo Simple Imprisonment two months for the offence punishable under Section 411 IPC.
10. It is made clear that both sentences shall run SC No. 2042/2018 State Vs. Sanjay @ Kachu Page 3 of 4 concurrently and convict shall be entitled to benefit of Sec. 428 CrPC.
11. A copy of the judgment and order on sentence are given to the convict, free of costs forthwith. Case property be confiscated to State, after period of appeal/revision, if any.
12. File be consigned to the Record Room.
Digitally signed by SATINDER
SATINDER KUMAR GAUTAM
Announced in open court KUMAR GAUTAM Date: 2019.05.16 15:38:16
+0530
on 16th day of May, 2019
(Dr. Satinder Kumar Gautam)
Addl. Sessions Judge-03 (East):
KKD Courts: Delhi.
SC No. 2042/2018 State Vs. Sanjay @ Kachu Page 4 of 4