BHARAT SINGH RAWAT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By this appeal the Appellant challenges the impugned judgment dated 12th April, 2013 convicting the Appellant for offence under Section 306 IPC read with Section 354 IPC and the order on sentence dated 20th April, 2013 awarding sentence of Rigorous Imprisonment for a period of ten years and a fine of Rs. 10,000/- and in default of payment of fine to undergo Simple Imprisonment for a period of one month.

(2.) Learned counsel for the Appellant has challenged the impugned judgment and the order inter alia on the ground that there was a complete denial of the right to defence to the Appellant, though no charge under Section 354 IPC was framed, however, the Appellant was still convicted of the said offence and in any case even if the evidence is taken as a whole no case for conviction under Section 306 IPC is made out.

(3.) A brief sequence of the events which transpired before the learned Trial Court at the fag end of the trial is required to be noted to ascertain whether there was a denial of right to defence to the Appellant. On 18th March, 2013, the learned APP closed the prosecution evidence and the matter was listed for the statement of the Appellant on 22nd March, 2013. Vide order dated 22nd March, 2013, the learned Additional Sessions Judge noted that the statement of the accused under Section 313 Cr.P.C. has been recorded, the accused has been granted opportunity to file the written statement in terms of Section 313 (5) Cr.P.C. if he so desires within two days and granted one opportunity to the Appellant to examine witnesses in defence if he so wishes and listed the matter for entire defence evidence on 2nd April, 2013. On 2nd April, 2013 the Appellant submitted that he did not wish to examine any witness in defence and thus the defence evidence was closed and the matter was listed for final arguments and filing of memorandum of arguments on 12th April, 2013.