KARAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been filed by the appellant who has been convicted under Section 376 of the Indian Penal Code in case FIR No. 175/89 at p. S. Hazarat Nizamudin and has been sentenced to undergo R. I. for 7 years and to pay fine of Rs. 5,000/- or in default of payment of fine to suffer further S. I. for 5 months. Along with the appeal the appellant also moved an application for suspension of sentence which was allowed vide order dated 05. 10. 1999. However, the appellant failed to appear when the case was listed for hearing of the arguments and thereafter bailable warrants and subsequently non-bailable warrants were also issued against the appellant.

(2.) VIDE order dated 21. 09. 1997 due to non-apperance of the appellant, it was ordered that even if the appellant does not want any arguments to be advanced, the appeal shall be disposed of on merits on the basis of the trial court records and, thus, Sh. D. K. Mathur, Advocate was appointed as Amicus curaie. Consequently, arguments were heard on 22. 01. 2009.

(3.) THE learned Amicus Curie appearing for the appellant submitted that the conviction against the appellant was liable to be set aside for the, following reasons: