Rahul Sharma @ Badal vs State
2015 Latest Caselaw 7641 Del

$-R-37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 DECIDED ON : 6th OCTOBER, 2015

+            CRL.A.970/2010 & CRL.M.B.12131/2013

      RAHUL SHARMA @ BADAL                            ..... Appellant

                        Through :    Ms.Neha Singh, counsel for
                                     Mr.Ajay Verma, Advocate with
                                     appellant present in judicial
                                     custody.

                        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 -

Rahul Sharma @ Badal to impugn a judgment dated 01.06.2010 of

learned Additional Sessions Judge in Sessions Case No.36/10 arising out

of FIR No. 499/08 registered at PS Shakarpur by which he was convicted

under Sections 363/366/376 IPC. By an order dated 04.06.2010, he was

awarded RI for three years with fine `1,000/- under Section 363 IPC; RI

for five years with fine `2,000/- under Section 366 IPC and and RI for

seven years with fine `3,000/- under Section 376 IPC. All the sentences

were to operate concurrently.

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

sheet were that on 04.10.2008, he kidnapped the prosecutrix 'X' (assumed

name), aged about 13 years, from the lawful guardianship of her parents,

from a place near Laxmi Nagar Bank Colony Delhi and took her to DDA

Flats No.4A, Mangal Bazar, and committed rape upon her. 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 29.07.2010. By an order dated 18.02.2011, the matter was ordered to

be listed in the category of 'Regular Matters' in Part-B of the list relating

to 'Persons in custody' as per its own turn. 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 Mr.Ajay Verma,

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. Fresh nominal roll has not yet been received. Appellant, who

is present in judicial custody, states that he has already been released in

this case after completion of sentence on 23.01.2015. The fine has already

been deposited by him in jail. He is, however, in custody in another case

FIR No.778/2015 under Sections 363/366/376(2) IPC registered at Police

Station Shakarpur .

5. The appellant further states that since he has served out the

sentence awarded to him and has deposited the fine, he is not interested to

get the appeal decided on merits. The appeal has thus become infructuous

and is disposed of as such. All pending application(s) also stand disposed

of.

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