ANWAR HUSSAIN Vs. STATE

JUDGEMENT

(1.) The appellant was arrested on 20.09.1996 in the wake of registration of first information report (FIR) No.853/1996 by Police Station Punjabi Bagh, the investigation eventually resulting in his trial (in Sessions Case No.37/1997) in the court of Additional Sessions Judge (ASJ) on the charge for the offences punishable under section 394 read with section 397 of the Indian Penal Code, 1860 (IPC) and section 27 of the Arms Act, 1959. On conclusion of the said trial, he was held guilty and convicted, as charged, by the trial court, by its judgment dated 16.08.2002. By order dated 17.08.2002, rigorous imprisonment for seven years with fine of Rs.5,000/-, in default in payment of fine the appellant to undergo simple imprisonment for six months was awarded as punishment for the offence under section 394 read with section 397 IPC. Further, by the same order, rigorous imprisonment for three years with fine of Rs.5,000/- with simple imprisonment for six months was awarded as punishment for offence under section 27 of the Arms Act, 1959.

(2.) The appellant challenged the above-said judgment of conviction, and order on sentence, by the present appeal presented in September, 2002. The appeal was admitted and directed to come up in due course from the list of 'Regular Matters'. By subsequent order dated 24.08.2004 the sentence was suspended and the appellant was released on bail. The turn of the appeal for final hearing has come up almost seventeen years after it had been presented.

(3.) While the appeal had been admitted, the trial court record had been called for by the registry. The said record, however, along with similar records in a large number of appeals went missing. Though there have been some administrative inquiries made, the accountability for the said loss has not been fixed against any individual, the matter to that extent having been closed reportedly with the approval of Hon'ble the Chief Justice.