SHATRUGHAN MORYA Vs. STATE & ORS

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Shatrughan Morya to impugn a judgment dated 27.04.2009 of learned District Judge-IV, New Delhi, in Sessions Case No.74/06 arising out of FIR No. 454/06 PS Defence Colony by which he was convicted under Sections 376/377 IPC. By an order dated 28.04.2009, he was awarded RI for ten years with fine Rs. 5,000/- under Section 376 (2) IPC and RI for eight years with fine Rs. 4,000/- under Section 377 IPC. Both the sentences were to operate concurrently.

(2.) Allegations against the appellant as reflected in the chargesheet were that on the evening of 06.06.2006, he committed rape upon the prosecutrix 'X' (assumed name), aged around six years, his daughter. On 21.09.2006, charge under Section 376 IPC for having carnal intercourse upon 'X' was also framed. The prosecution examined thirteen 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 09.10.2009. Vide order dated 28.02.2012 Crl.M.A.No.2590/2012 for hearing the appeal on urgent basis was accepted. However, by an order dated 25.07.2013, the matter was ordered to be listed in the category of 'Regular Matters' as per its year of filing. When the matter was taken up for hearing on 22.09.2015, none appeared on behalf of the appellant to address arguments. Notice was ordered to be issued to Ms.Subhadra, Advocate, who represented the appellant on the previous date of hearing. Fresh nominal roll of the appellant was called along with issuance of production warrants for his appearance.