AWADH Vs. STATE OF DELHI

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant -Awadh to challenge the legality and correctness of a judgment dated 02.09.2003 of learned Additional Sessions Judge in Sessions Case No.116A/2003 arising out of FIR No.499/02 under Sections 363/366/376 IPC registered at Police Station Sangam Vihar, Delhi by which he was held guilty for committing offence under Sections 363/366 and 376 IPC. By an order dated 09.09.2003, he was awarded rigorous imprisonment for seven years with fine of Rs. 500/ - under Section 376 IPC and RI for three years with fine Rs. 200/ - under Section each under Sections 363/366 IPC. The sentences were to operate concurrently.

(2.) ALLEGATIONS against the appellant as reflected in the Charge -sheet were that on 2.10.2002 Chander Pal lodged a complaint with the police informing that her daughter 'X'' (assumed name), aged 15 years, had gone missing on 19.09.2002. Complainant suspected involvement of Awadh and Vijay in the incident. First Information Report under Section 366 IPC was recorded on 20.10.2002. 'X' was recovered along with the appellant -Awadh. Her statement under Section 161 Cr.P.C. was recorded. Sections 363/376 were added. The accused was arrested. Statement of witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet was filed against the appellant for commission of offences punishable under Sections 363/366/376 IPC. 'X' was less than 16 years of age at the time of commission of the offence. The statements of the witnesses well conversant with the facts were recorded. After completion of investigation, a Chargesheet under Sections 363/366/376 IPC was submitted against the appellant.

(3.) THE appeal was admitted on 23.02.2015. By an order dated 17.08.2006 the remaining sentence of the appellant was suspended and he was released on bail on his executing a personal bond in the sum of Rs. 25,000/ - with one surety in the like amount. When the appeal was listed for hearing on 20.01.2015, none appeared on behalf of the appellant. Bailable warrants for the appearance of the appellant were issued and fresh Nominal Roll of the appellant was also called.