Anuj vs State
2015 Latest Caselaw 7650 Del

$-R-36
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 DECIDED ON : 6th OCTOBER, 2015

+                  CRL.A.698/2010

      ANUJ                                         ..... 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 - Anuj

to impugn a judgment dated 17.09.2009 of learned learned Additional

Sessions Judge in Sessions Case No.22/08 arising out of FIR No.345/07

registered at PS Pandav Nagar by which he was convicted under Sections

376/506/34 IPC. By an order dated 06.10.2009, he was awarded RI for

seven years with fine `5,000/- under Section 376/34 IPC and RI for one

year under Section 506 IPC. Both the sentences were to operate

concurrently.

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

sheet were that about ten months and later 1 ½ or 2 months before

26.06.2007, in the House No.C-51A, Shashi Garden, Patparganj, Delhi, in

the tenanted room, he committed rape upon prosecutrix 'X' (assumed

name) and criminally intimidated her. 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 14.05.2010. Vide order dated 03.06.2010 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 Mr.Riaz Mohd., 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.8&9/SCJ-8&9/AS(CT)/2015/2679 dated

28.09.2015 has been received from the Superintendent of Prison, Central

Jail No.8/9, Tihar, New Delhi, to the effect that the appellant has already

been released on 27.04.2013 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