Delhi High Court
Shatrughan Morya vs State & Ors. on 1 October, 2015
Author: S. P. Garg
$-R-31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 1st OCTOBER, 2015
+ CRL.A.759/2009 & CRL.M.B.1192/2009
SHATRUGHAN MORYA ..... Appellant
Through : Ms.Chaitali Jain, Advocate with
Mr.Neeraj Jha, Advocate.
versus
STATE & ORS. ..... Respondents
Through : Mr.Sanjeev Sabharwal, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)
1. The instant appeal has been preferred by the appellant -
Shatrughan Morya to impugn a judgment dated 27.04.2009 of learned
District Judge-IV, New Delhi, in Sessions Case No.74/06 arising out of
FIR No. 454/06 PS Defence Colony by which he was convicted under
Sections 376/377 IPC. By an order dated 28.04.2009, he was awarded RI
for ten years with fine `5,000/- under Section 376 (2) IPC and RI for eight
years with fine `4,000/- under Section 377 IPC. Both the sentences were
to operate concurrently.
2. Allegations against the appellant as reflected in the charge-
sheet were that on the evening of 06.06.2006, he committed rape upon the
prosecutrix 'X' (assumed name), aged around six years, his daughter. On
21.09.2006, charge under Section 376 IPC for having carnal intercourse
upon 'X' was also framed. The prosecution examined thirteen witnesses
to substantiate its case. In 313 Cr.P.C. statement, the appellant pleaded
false implication. The trial resulted in his conviction as aforesaid.
3. The appellant preferred the instant appeal before this Court
on 09.10.2009. Vide order dated 28.02.2012 Crl.M.A.No.2590/2012 for
hearing the appeal on urgent basis was accepted. However, by an order
dated 25.07.2013, the matter was ordered to be listed in the category of
'Regular Matters' as per its year of filing. When the matter was taken up
for hearing on 22.09.2015, none appeared on behalf of the appellant to
address arguments. Notice was ordered to be issued to Ms.Subhadra,
Advocate, who represented the appellant on the previous date of hearing.
Fresh nominal roll of the appellant was called along with issuance of
production warrants for his appearance.
4. Report bearing No.F.4/SCJ-4/AS(CT)/2015/1704 dated
28.09.2015 has been received from the Superintendent of Prison, Central
Jail No.4, Tihar, New Delhi, to the effect that the appellant has already
been released on 10.09.2014 after completion of sentence. The fine has
already been deposited by him in jail.
5. Since the appellant has served out the sentence awarded to
him and has deposited the fine, it appears that for that reason, he was not
contacted the counsel or the Court to get the appeal decided on merits.
The appeal has thus become infructuous and is disposed of as such. It is,
however, made clear that if the appellant appears within a reasonable time
for disposal of appeal on merits, his request will be considered.
6. Superintendent Jail is directed to furnish comprehensive list
of all such convicts who happen to be in custody in appeals related to the
sexual offences of the years 2007, 2014 and 2015. It shall indicate the
period already undergone by them in the respective cases pertaining to
this Bench.
7. Trial Court record be sent back immediately with the copy of
the order. A copy of the order be sent to the Superintendent Jail for
necessary information and compliance.
(S.P.GARG)
JUDGE
OCTOBER 01, 2015 / tr
