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Fir No. 286/08; State vs . Akash Bansal & Anr. Page 1 Of 6 on 14 September, 2012

Nearly four years have passed since the convicts have been facing the trial of the case. The convicts have prayed for taking lenient view. The convict Govardhan Singh has also filed an application u/s 428 Cr.P.C. for releasing him for the period already undergone by him in the custody. The Ld. Counsel for the convicts, in support of their arguments, have relied upon the judgements reported in the case of Salim Khan Vs. State of NCT of Delhi, 2010 [1] JCC 704 wherein the Ld. ASJ, Delhi convicted the appellant u/s 392/394/397 IPC and sentenced to undergo SI for two years and pay fine of Rs. 500/, in default to further undergo SI for 15 days for the offence punishable u/s 392 IPC; sentenced to undergo simple imprisonment for four years and pay fine of Rs. 1,000/­; in default to further undergo SI for 30 days for the offence u/s 394 IPC; FIR No. 286/08; State Vs. Akash Bansal & Anr. Page 2 of 6 sentenced to undergo SI for 7 years and pay fine of Rs. 1500/­; in default to further undergo SI for 60 days for the offence u/s 397 IPC. It was held by the Hon'ble High Court of Delhi that accordingly, appellant is acquitted for the offence u/s 397 IPC. Sentence of 7 years as awarded by the Ld. Trial Court, u/s 397, is also set aside. Sentence of petitioner u/s 394 IPC is also reduced from four years to three years. Sentence u/s 392 IPC as awarded by the Trial Court is maintained as it is. However, all the sentences shall run concurrently and benefit of section 428 CrPC is also given.
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