LAWS(DLH)-2023-9-3

STATE Vs. SHAMSHAD

Decided On September 04, 2023
STATE Appellant
V/S
SHAMSHAD Respondents

JUDGEMENT

(1.) The present appeal has been filed by the appellant-State challenging the judgment dtd. 17/10/1998 passed by the learned Trial court in case FIR No.390/1997, registered at Police Station Nand Nagri for the offence punishable under Ss. 363/376 IPC.

(2.) Pertinently, vide decision dtd. 12/5/2006, the present appeal was heard with other batch of appeals for consideration of the issue as to whether in cases where respondent/accused remained unserved and have been declared proclaimed offenders, would appointment of Amicus Curiae to represent their interest serve any purpose? On this aspect, this Court vide judgment dtd. 12/5/2006 held as under:

(3.) Thereafter, the process under Sec. 82 Cr.P.C. was initiated against the respondent-accused and consequent upon order dtd. 18/1/2020 passed by the learned Metropolitan Magistrate declaring him proclaimed offender, this Court vide order dtd. 30/1/2020 directed appointment of Amicus Curiae to represent the case of respondent-accused in the present appeal.