BHARAT SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed under section 374 of Cr.P.C., 1973 against the judgment and sentence dated 31-7-2004 passed by Special Judge, Shivpuri, in Special S.T. No. 59/2003 by which they have been convicted under Section 365 of I.P.C. read with Section 11/13 of M.P.D.V.P.K. Act and have been sentenced to undergo the rigorous imprisonment of 5 years and a fine of Rs. 500 with default imprisonment.

(2.) Before proceeding with the facts of the case and considering the appeal on merits, it would be appropriate to refer to the fact about the attempt on the part of the appellants to avoid the hearing of the appeal.

(3.) The appellants were granted bail by this Court by order dated 3-1-2005. Thereafter, the case was listed for final hearing on 26-2-2013, and at the request of the Counsel for the appellants, the hearing of the case was adjourned. None appeared on 7-3-2013, therefore, S.P.C. was issued to the appellants. Thereafter, the case was adjourned on 26-3-2013. The hearing of the case was adjourned on 26-4-2013 as again neither the appellants nor their Counsel appeared before the Court. On 17-4-2015, again the Counsel for the appellants sought time to argue the matter and accordingly, the hearing of the case was deferred. On 1-9-2016, time was sought to argue the case. None appears today to argue the matter. The appeal is of the year 2004 and is listed under the category "High Court Expedited Cases." The name of the Counsel for the appellants was flashed on the display board continuously, but none appears. Thus, under these circumstances, it is clear that the appellants are avoiding the hearing of the case.