Dinesh @ Budh Ram vs State
2015 Latest Caselaw 7639 Del

$-R-35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 DECIDED ON : 6th OCTOBER, 2015

+                  CRL.A.415/2010

      DINESH @ BUDH RAM                                  ..... Appellant

                         Through :    None.
                         versus

      STATE                                              ..... Respondent

                         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 -

Dinesh @ Budh Ram to impugn a judgment dated 27.01.2010 of learned

learned Additional Sessions Judge in Sessions Case No.1111/09 arising

out of FIR No.392/06 registered at PS Paschim Vihar by which he was

convicted under Sections 376 IPC. By an order dated 28.01.2010, he was

awarded RI for seven years with fine `10,000/- under Section 376 IPC.

2. Allegations against the appellant as reflected in the charge-

sheet were that in February 2006 at unknown time at B-3 Ekta Enclave

Pashim Vihar, Delhi, he committed rape upon the prosecutrix 'X'

(assumed name), aged about 14 years. The prosecution examined twelve

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 12.04.2010. Vide order dated 15.04.2010 the appeal was admitted.

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 Nandita Abrol., 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.5/SCJ-5/AS(CT)/2015/8972 dated

30.09.2015 has been received from the Superintendent, Central Jail No.5,

Tihar, New Delhi, to the effect that the appellant has already been released

on 01.08.2012 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 has 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. 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 06, 2015 / sa