Delhi High Court
Bal Kishan vs State (Nct Of Delhi) on 5 October, 2015
Author: S. P. Garg
$-R-33 & R-34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 5th OCTOBER, 2015
+ CRL.A.268/2010
SHRI MADAN LAL & ANR. ..... Appellants
Through : None.
versus
THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent
Through : Mr.Sanjeev Sabharwal, APP.
AND
+ CRL.A.593/2010
BAL KISHAN ..... Appellant
Through : None.
versus
STATE (NCT OF DELHI) ..... Respondent
Through : Mr.Sanjeev Sabharwal, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)
1. The instant appeals have been preferred by the appellants -
Shri Madan Lal (A-1), Shri Mahender Kumar (A-2) and Bal Kishan (A-3)
to impugn a judgment dated 13.04.2009 of learned Addl. Sessions Judge
in Sessions Case No.34/08 arising out of FIR No.557/06 PS Dwarka by
which they were convicted under Section 376(g) IPC. By an order dated
14.01.2010, they were awarded RI for ten years with fine `10,000/- each.
2. Allegations against the appellants as reflected in the charge-
sheet were that on 27.06.2006, they committed rape upon the prosecutrix
'X' (assumed name), aged around fourteen years. The prosecution
examined six witnesses to substantiate its case. In 313 Cr.P.C. statements,
the appellants pleaded false implication. They examined five witnesses in
defence. The trial resulted in their conviction as aforesaid.
3. The appellants preferred the instant appeals before this Court
on 11.03.2010 (By A-1 and A-2) and 14.05.2010 (By A-3). When the
matter was taken up for hearing on 22.09.2015, none appeared on behalf
of the appellants to address arguments. Notices were ordered to be issued
to Mr.Vivek Sood, Advocate (in Crl.A.268/2010) and Mr.B.K.Pal,
Advocate (in 593/2010), who represented the appellants on the previous
dates of hearing. Latest nominal rolls of the appellants were called along
with issuance of production warrants for their appearance.
4. Report bearing No.F.2/SCJ-2/CJ-2/AS(CT)/2015/6634 dated
28.09.2015 (of A-1) has been received from the Superintendent, Central
Jail No.2, Tihar, New Delhi, to the effect that the appellant has already
been released on 02.12.2014 upon completion of sentence awarded to
him. The fine has already been deposited by him in the Court.
5. Report bearing No.F.2/SCJ-2/CJ-2/AS(CT)/2015/6632 dated
28.09.2015 (of A-2) has been received from the Superintendent, Central
Jail No.2, Tihar, New Delhi, to the effect that the appellant has already
been released on 17.10.2014 upon completion of sentence awarded to
him. The fine has already been deposited by him in the Court.
6. Report bearing No.F.2/SCJ-2/CJ-2/AS(CT)/2015/6618 dated
28.09.2015 (of A-3) has been received from the Dy. Superintendent,
Central Jail No.2, Tihar, New Delhi, to the effect that the appellant has
already been released on 05.11.2014 upon completion of sentence
awarded to him. The fine has already been deposited by him in jail.
7. Since the appellants have served out the sentences awarded to
them and have deposited the fine, it appears that for that reason, they have
not contacted the counsel or the Court to get the appeals decided on
merits. The appeals have thus become infructuous and are disposed of as
such. It is, however, made clear that if the appellants appear within a
reasonable time for disposal of appeals on merits, their requests shall be
considered.
8. Trial Court record (if any) be sent back immediately with the
copy of the order. A copy of the order be sent to the Superintendent Jail
for information.
(S.P.GARG)
JUDGE
OCTOBER 05, 2015 / tr
