Mohan vs The State (Govt. Of Nct Delhi)
2015 Latest Caselaw 8112 Del

$-R-42
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 DECIDED ON : 28th OCTOBER, 2015

+                       CRL.A.623/2013

      MOHAN                                            ..... Appellant

                        Through :    Mr.Biswajit Kumar Patra,
                                     Advocate.


                        versus

      THE STATE (GOVT. OF NCT, DELHI)                  ..... 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 -

Mohan to impugn a judgment dated 14.01.2013 of learned Addl. Sessions

Judge (Special Fast Track Court), Dwarka Courts, New Delhi, in Sessions

Case No.17/13 arising out of FIR No. 234 dated 18.11.2011 PS Chhawla

by which he was convicted under Section 376 IPC read with Section 511

IPC. By an order dated 17.01.2013, he was awarded RI for four years with

fine `10,000/-.

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

sheet were that on 16.11.2011 at about 04.30 p.m. he attempted to commit

rape upon the prosecutrix 'X' (assumed name), aged around four years.

The prosecution examined fifteen 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 15.05.2013. Order dated 29.09.2015 records that learned counsel for

the appellant informed the Court that to his information the appellant had

already served out the sentence awarded to him by the Trial Court. Vide

order dated 29.09.2015, 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)/2015/4154 dated

23.10.2015 has been received from the Superintendent, Central Jail No.1,

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

on 04.05.2015 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

information.

(S.P.GARG) JUDGE OCTOBER 28, 2015 / tr