Delhi High Court - Orders
Hema Masih vs The State on 20 November, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Crl.A. No. 575/2020 and Crl.M.B No. 8322/2020 & Crl.M.A.
No.16001/2020
HEMA MASIH ..... Petitioner
Through: Mr. Sumit Chaudhary and
Ms.Aakanksha Bansal, Advocates
versus
THE STATE ..... Respondent
Through: Mr.Rajesh Kumar, SPP for CBI
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 20.11.2020 (Through Video Conferencing) Crl.MA. No. 16001/2020 Exemption allowed, subject to just exceptions. Crl.A. 575/2020 and Crl.M.(bail) 8322/2020 The appellant vide the present appeal assails the impugned judgment dated 20.1.2020 and the impugned order on sentence dated 11.2.22020 in FIR No. RC-01(S)2018/CBI/SCB/PATNA(CBI), whereby the appellant has been sentenced vide para 10.3 of the impugned order on sentence rigorous imprisonment for a period of 10 years for the commission of offence punishable under Section 376(2) read with section 109 of the Indian Penal Code, 1860 and to pay a fine of Rs.10,000/- and in the event of failure to pay the said fine to further undergo simple imprisonment for a period of one month; vide paragraph 10.3.3 of the impugned order on sentence to undergo Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:23.11.2020 12:37:28 This file is digitally signed by PS to HMJ ANU MALHOTRA.
rigorous imprisonment for a period of six months for the offence punishable under Section 21(1) read with Section 19 of the POCSO Act, 2012, and to pay a fine of Rs.10,000/- and in the event of failure to pay the said fine to further undergo simple imprisonment for a period of one month and; vide paragraph 10.3.4 of the said order, the appellant has been sentenced to undergo rigorous imprisonment for a period of five years for the commission of offence punishable under Section 75 of the Juvenile Justice (Care & Protection of Children) Act, 2015 and to pay a fine of Rs.30,000/- and in the event of non- payment of the said fine to further undergo simple imprisonment for a period of three months and; vide paragraph 10.3.6 the appellant has been sentenced to undergo rigorous imprisonment for a period of 10 years for the commission of the offences punishable under Section 120-B of the Indian Penal Code read with Section 376(2)/ 354 of the Indian Penal code and Sections 6/10/12 of the POCSO Act, 2012 and to pay a fine of Rs.10,000 and in the event of failure to pay the said fine to undergo simple imprisonment for a period of one month.
Along with the appeal is Crl.M.(B) 8322/2020 filed on behalf of the appellant seeking suspension of sentence and release of the appellant during the pendency of the appeal.
Notice of the appeal and the application Crl.M.(B) 8322/2020 is issued to the State and accepted on behalf of the CBI.
Notice of the appeal and Crl.M.(B) 8322/2020 be also issued to the prosecutrix to be represented either by herself or through her authorized representative.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:23.11.2020 12:37:28 This file is digitally signed by PS to HMJ ANU MALHOTRA.
It is submitted on behalf of the CBI that in as much as many of the co-convicts in the instant case have been sentenced to imprisonment for life and that the connected appeal No.364/2020 in relation to the co-convict Brajesh Kumar Thakur is pending before the Hon'ble Division Bench III of Hon'ble Mr. Justice Vipin Sanghi and Hon'ble Mr. Justice Rajnish Bhatnagar for the date 4.12.2020, it is submitted on behalf of the CBI that the present appeal be also placed with the connected appeal before the said Hon'ble Bench.
Subject to the orders of Hon'ble the Chief Justice, the proceedings of the present appeal and the accompanying application be placed before the Hon'ble Division Bench of Hon'ble Mr.Justice Vipin Sanghi and Hon'ble Mr. Justice Rajnish Bhatnagar for the date 4.12.2020.
ANU MALHOTRA, J NOVEMBER 20, 2020/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:23.11.2020 12:37:28 This file is digitally signed by PS to HMJ ANU MALHOTRA.