MOHD HUSSAIN Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant Mohd. Hussain to challenge the legality and correctness of a judgment dated 16.03.2004 of learned Additional Sessions Judge in Sessions Case No. 12/2002 arising out FIR No. 97/1990, P.S. Mehrauli, Delhi by which he was held guilty for committing offence punishable under Sections 366/376 IPC. By an order dated 19.03.2004, he was awarded rigorous imprisonment for 7 years with fine of Rs. 5,000/ - under Section 376 IPC.

(2.) ALLEGATIONS against the appellant as reflected in the Charge -sheet was that on 03.05.1990, the father of the victim 'X' lodged a report informing that his daughter 'X' (assumed name) had not returned home after she left it on 15.04.1990. A case under Section 363 IPC was registered. Subsequently, the victim 'X' was recovered from the custody of the appellant. The prosecutrix was medically examined. Her statement under Section 164 Cr.P.C. was recorded. The statements of the witnesses well conversant with the facts were recorded. After completion of investigation, a Charge -sheet under Sections 363/366/376 IPC was submitted against the appellant. The prosecution examined 9 witnesses to establish the appellant's guilt. In the statement recorded under Section 313 Cr.P.C, the appellant denied his involvement in the offence. The trial resulted in his conviction under Sections 366/376 IPC. Being aggrieved and dissatisfied, the appeal has been preferred by the appellant.

(3.) THE appeal was admitted by an order dated 26.08.2004. The application moved by the appellant for suspension of sentence was dismissed by an order dated 20.04.2006. The appeal was to come up in due course. The appeal was not taken up thereafter for hearing. On 20.01.2015, when the file was taken up for hearing, none appeared on behalf of the appellant. Production warrants were ordered to be issued against him. Fresh Nominal Roll was also called.