ASHOKKUMAR SUKPALSINGH JAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal was listed for the first time before this Court on 18th July, 2001. Having heard the learned Counsel and after going through the judgement of the learned Judge, it was thought fit to call for record and proceedings from the trial Court and the matter was kept on 6.8.2001. R&P was received, but due to sick-note of learned Counsel for the appellant - accused Shri A.M. Dagli, it was kept today. Unfortunately, once again it was mentioned today in the morning at 11.00 A.M. by Shri Jaswant Shah for Shri Dagli to adjourn this matter on the ground that today again Shri Dagli has filed sick-note. Last time it was made clear that sick-note will not be entertained in criminal matters, but in the interest of justice this matter was adjourned twice.

(2.) Present roaster started from 11th July, 2001 shall continue till 19th August, 2001. It gives an impression to the Court that the appellant accused is trying to avoid the Bench, which is not at all proper. In that view of the matter, request made by Mr. Jaswant on behalf of Mr. A,M.Dagli, learned Counsel for the appellant accused was specifically refused by this Court and it was made clear that as and when the matter is called out, it will be decided in absence of the learned Counsel for the appellant, if no alternative arrangement is made. Unfortunately, though this matter is listed at serial No.4 in the first Board, no one remained present. Considering the peculiar facts of the case, the matter is decided on the basis of the R&P received from the trial Court as well as the reasoning given by the trial Court for convicting the accused, with the due assistance of learned APP Shri ND Gohil.

(3.) The appellant accused is none else but a "House Orderly". He was posted at the official residence of the military personnel to lookafter the officer and his family members. He was tried for the offences punishable under Sections 354, 376, 511, 323, 506(2) IPC before the Court of Additional Sessions Judge, Mirzapur, Ahmedabad. After considering the evidence of the prosecution and the defence of the accused, the learned Judge found the appellant accused guilty for the offences under Sections 354, 376, 511, 323 506(2) IPC. The appellant was convicted for the offence punishable under Section 511 read with Section 376 IPC and sentenced him 3 years SI and to pay fine of Rs. 1000.00, in default to further undergo two months SI. He was also convicted for the offence under Section 323 IPC and sentenced him to suffer 3 months SI. For the offence under Section 506(2) IPC he was sentenced to suffer one year SI. All the substantive sentences were ordered to run concurrently. Set-off for the period during which he remained in jail as under-trial prisoner was given. The appellant accused is in jail since 29.1.1999 as under-trial prisoner and as convict after the judgement and order of conviction and sentence passed by the Additional Sessions Judge on 7th July, 2001. The present appeal was filed within ten days of the order of conviction and sentence i.e. on 17th July, 2001 and it was placed for urgent orders before this Court on 18th July, 2001. However, after R&P was ordered to be called for, though the matter was listed twice before this Court, the learned Counsel for the appellant accused is not remaining present by filing sick-note.