Govind vs The State Of Delhi
2015 Latest Caselaw 1044 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CRL.A.57/2005

                                  DECIDED ON : FEBRUARY 04, 2015

      GOVIND
                                                         ..... Appellant
                         Through :    None.

                         versus

      THE STATE OF DELHI
                                                      ..... Respondent
                         Through :    Ms.Kusum Dhalla, APP for State.

CORAM:
HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. Present appeal has been preferred by the appellant Govind to

challenge the legality and correctness of a judgment dated 03.02.2004 of

learned Additional Sessions Judge in case FIR No.482/2000, P.S. S.N.Puri,

Delhi by which he was held guilty for committing offence punishable under

Sections 376/506 IPC. By an order dated 04.02.2004, he was awarded

rigorous imprisonment for 7 years with fine of `1,000/- under Section 376

IPC and RI for six months with fine `100/- under Section 506 IPC.

2. Allegations against the appellant as reflected in the Charge-sheet were

that after the death of her mother 'X', aged about 12/13 years, lived with her

step father and step brothers. They started committing rape with the

prosecutrix. 'X' disclosed the fact to one Sunita, a social worker who

brought it to the notice of Mrs.Faruqqi and Mrs.Nirmal Sharma of National

Federation of Indian Woman. On the statement of the victim FIR under

Section 376 Cr.P.C. was registered at Police Station S.N.Puri. Her statement

under Section 164 Cr.P.C. was recorded. The statements of the witnesses

well conversant with the facts were recorded. After completion of

investigation, a Charge-sheet under Sections 376/506 IPC was submitted

against the appellant and co-convict. The prosecution examined 11

witnesses to establish the appellant's guilt. In the statement recorded under

Section 313 Cr.P.C, the appellant denied his involvement in the offence. The

trial resulted in his conviction under Sections 376/506 IPC. Being aggrieved

and dissatisfied, the appeal has been preferred by the appellant.

3. The appeal was listed for hearing on 20.01.2015. When the file was

taken up for hearing, none appeared on behalf of the appellant. Production

warrants were ordered to be issued against him. Fresh Nominal Roll was

also called.

4. The Nominal Roll dated 29.01.2015 reveals that the appellant has

already been released on 12.12.2006 after he served out the substantive

sentence awarded to him. The fine has been paid by him in Jail.

5. Since the appellant has already completed the substantive sentence

awarded to him and has deposited the fine imposed, the appeal preferred by

the appellant has become infructuous. None has appeared on behalf of the

appellant to address the arguments on merits. Even after being released on

12.12.2006, the appellant did not appear before the court to get the appeal

decided on merits. It seems that the appellant is not interested to pursue the

appeal. The appeal is dismissed as infructuous. It is, however, made clear

that if the appellant appears before the Court within a reasonable time to get

the appeal decided on merits, his prayer would be considered favourably.

Pending application (if any) also stands disposed of.

6. Trial court record (if any) be sent back with the copy of this order.

7. Intimation be sent to the Jail Superintendent.

(S.P.GARG) JUDGE FEBRUARY 04, 2015 sa