Mohd Rafi Vs. Dushyant Kumar

Mohd Rafi vs Dushyant Kumar

Type Court Judgment Court Delhi Decided Apr 16, 2004

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Citation: sooperkanoon.com/689053
Court: Delhi High Court
Judge: R.S. Sodhi, J.
Decided On: Apr 16, 2004
Case Number: Criminal Revision petition 125/2004 and Criminal Misc. Application 349/2004
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Mohd Rafi

Advocate Sangeeta Bhayana, Adv

Respondent

Dushyant Kumar

Advocate G.S. Kanojia, Adv.

Legal References

Reported In: 111(2004)DLT487; 2004(74)DRJ450

Excerpt

- .....convicting the petitioner to undergo r.i. for one year r.i. with a fine of rs.10,000/- and in default of payment of fine to further undergo s.i. for two months.2. with the assistance of the learned counsel for the petitioner as also learned counsel for the respondent i have gone through the record of the case as also the judgment under challenge. learned counsel states that she is not in a position to challenge the order of conviction. i, thereforee, confirm the order of conviction. however, on the question of sentence, it is argued by the learned counsel that the petitioner that the petitioner is in jail since the last two months. she submits that the occurrence is of 1992 and the petitioner has already suffered the ordeal of trial for over 11 years. besides that he has already deposited the fine of rs.10,000/-. she also submits that the offence is punishable with fine in lieu of imprisonment. counsel for the respondent - customs department submits that the fine if it has to be enhanced must be substantial, preferably, rs.50,000/- (rupees fifty thousand).3. having heard counsel for the parties and in view of the totality of circumstances of the case, i deem it appropriate to modify the order of sentence to a fine of rs.60,000/- (rupees sixty thousand), of which rs.10,000/- (rupees ten thousand) has already been paid in lieu of the sentence already awarded. in case the petitioner deposits the remaining amount of rs.50,000/-(rupees fifty thousand) he shall be set at liberty forthwith. if the petitioner, on the other hand, fails to deposit the amount the sentence already awarded shall continue to run.4. with the above modification criminal revision petition no.125/2004 stands disposed of. criminal miscellaneous application 349/2004 also stands disposed.a copy of this order be given dusty to counsel.

Full Judgment

R.S. Sodhi, J.

1. This revision petition is directed against the judgment and order dated 23.2.2004 of the learned Additional Sessions Judge upholding the judgment dated 7.11.2001 of the Additional Chief Metropolitan Magistrate, Delhi convicting the petitioner to undergo R.I. for one year R.I. with a fine of Rs.10,000/- and in default of payment of fine to further undergo S.I. for two months.

2. With the assistance of the learned counsel for the petitioner as also learned counsel for the respondent I have gone through the record of the case as also the judgment under challenge. Learned counsel states that she is not in a position to challenge the order of conviction. I, thereforee, confirm the order of conviction. However, on the question of sentence, it is argued by the learned counsel that the petitioner that the petitioner is in jail since the last two months. She submits that the occurrence is of 1992 and the petitioner has already suffered the ordeal of trial for over 11 years. Besides that he has already deposited the fine of Rs.10,000/-. She also submits that the offence is punishable with fine in lieu of imprisonment. Counsel for the respondent - Customs Department submits that the fine if it has to be enhanced must be substantial, preferably, Rs.50,000/- (rupees fifty thousand).

3. Having heard counsel for the parties and in view of the totality of circumstances of the case, I deem it appropriate to modify the order of sentence to a fine of Rs.60,000/- (rupees sixty thousand), of which Rs.10,000/- (rupees ten thousand) has already been paid in lieu of the sentence already awarded. In case the petitioner deposits the remaining amount of Rs.50,000/-(rupees fifty thousand) he shall be set at liberty forthwith. If the petitioner, on the other hand, fails to deposit the amount the sentence already awarded shall continue to run.

4. With the above modification Criminal Revision Petition No.125/2004 stands disposed of. Criminal Miscellaneous Application 349/2004 also stands disposed.

A copy of this order be given dusty to counsel.

Same Court & Year Delhi · 2004 Same Parties Mohd Rafi vs Dushyant Kumar Same Subject Criminal Same Judge R.S. Sodhi, J.

Criminal