MANGILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 25-3-2014 passed by 2nd Additional Sessions Judge, Guna in Sessions Trial No. 28/2014 by which the appellant has been convicted under Section 376(1) of Cr.P.C. and has been sentenced to undergo the RI of 10 years and a fine of Rs.2000/- with default imprisonment.

(2.) In the present appeal, the appellant was granted bail, and thereafter he jumped bail. When the case was being listed for ensuring the presence of the appellant, none appeared for the appellant on 19-7- 2016, 25-10-2016, 30-11-2016, 11-1-2017, 27-2-2017, 24-3-2017 (as lawyers were abstaining from work), 26-4-2017, 3-7-2017, 25-7-2017, 29-8-2017, 17-5-2018, 11-7-2018. On 26-7-2018, the appellant was produced in custody after the Court hours were over, therefore, the Principal Registrar of this Court directed for production of appellant on 30-7-2018. On 30-7-2018, the Counsel for the appellant made a statement the appellant has no money to deposit in lieu of bail bonds, therefore, the appellant was sent to jail and was also granted bail subject to conditions mentioned in the order. However, it appears that the appellant thereafter did not furnish bail. On 22-6-2019, when the case was fixed for final hearing, none appeared for the appellant, therefore, Shri B.S. Gaur, Advocate was appointed as amicus, however, on 27-7- 2019, even Shri B.S. Gaur didnot appear and argue the matter and accordingly, Shri Raj Kumar Kushwaha, Advocate, who has a long standing in the Bar and has an experience of arguing the criminal cases was appointed as amicus curiae. Shri R.K.Kushwaha after going through the record, argued the matter at length.

(3.) The necessary facts for the disposal of the present appeal in short are that on 1.11.2013 the prosecutrix was going to her parents home. When the prosecutrix reached in the forest area situated between Kachnar and Gajpura village, she was caught hold by the appellant and committed rape on her. The prosecutrix informed the incident to her father-in-law and Jeth Bhagwan Singh, and lodged the F.I.R., Ex. P.1. The Police registered the Crime No. 292/2013 for offence under Sections 375,506 Part II I.P.C. The prosecutrix was sent for medical examination. The spot map was prepared. The broken pieces of bangles and broken mangal sutra were seized from the spot by seizure memo Ex. P.3. The sealed articles were sent to F.S.L. By memo Ex. P.4, and F.S.L. Report is Ex. P.1. The statements of witnesses were recorded. The appellant was arrested. After completing the investigation, the police filed the charge sheet for offence under Section 376, 506 Part II of I.P.C.