Subhash vs State
2015 Latest Caselaw 7647 Del

$-R-38
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  DECIDED ON : 6th OCTOBER, 2015

+                        CRL.A.1385/2010

      SUBHASH                                            ..... 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 -

Subhash to impugn a judgment dated 25.08.2010 of learned Additional

Sessions Judge in Sessions Case No.92/09 arising out of FIR No. 285/09

registered at PS Burari by which he was convicted under Sections 376/511

IPC. By an order dated 28.08.2010, he was awarded RI for four years with

fine `3,000/-.

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

sheet were that on 03.09.2009, he attempted to commit rape upon the

prosecutrix 'X' (assumed name), aged around nine years. The prosecution

examined fourteen 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 30.11.2010. On 06.12.2010 the appeal was admitted. When the matter

was taken for hearing on 23.09.2015, none appeared on behalf of the

appellant to address arguments. Notice was ordered to be issued to his

counsel, 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.1/SCJ-1/AS(CT)/2015/3077 dated

01.10.2015 has been received from the Superintendent, Central Jail No.1,

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

on 19.12.2012 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 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

years 2007, 2014 and 2015 and appeals pending in this Court regarding

offences related to sexual offences. 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 06, 2015 sa