TEJPAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 4.4.1998 of the learned Additional Sessions Judge in Sessions Case No. 95/96 whereby the learned Additional Sessions Judge held the appellant guilty under Section 376 and 451 IPC and vide a separate order dated 6.4.1998 sentenced the appellant to undergo rigorous imprisonment for 84 months with a fine of Rs. 10,000/ - and in default of payment of fine to further undergo R.I. for a period of 12 months under Section 376 IPC and further to undergo R.I. for 24 months with a fine of Rs.2000/ - and in default of payment of fine to further undergo R.I. for 4 months under Section 451 IPC. Both the sentences were directed to run concurrently.

(2.) WHEN the matter called out for hearing, nobody appeared for the appellant. The Court cannot plead with Advocates to come and attend to their cases. It is for the appellant to ensure that his counsel is present in the Court if he wants the case to be represented by him. Since this case has been shown on the list for a sufficient amount of time, it can brook no further delay. I, Therefore, appoint Mr.R.P.Luthra as amices Curiae, who is present on behalf of Delhi Legal Service Authority to assist the Court. He has gone through the record of the case and says that he does not need more time.

(3.) HAVING heard learned counsel for the parties and in view of what has been stated by learned counsel for the State, I am of the view that the ends of justice would be met if the sentence of imprisonment of the appellant is reduced to the period already undergone. I order accordingly. With this modification, Criminal Appeal No.244/98is disposed of.