PAKCHI @ VIRENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The office has listed the matter for order on default as the petition is not maintainable in view of section 362 of Cr.P.C. The said issue in the facts requires consideration at the time of hearing. Therefore, by consent it is finally heard.

(2.) This petition under section 482 of Cr.P.C. has been filed for recalling the judgment dated 17/05/2019 passed in the criminal appeal no. 1599/1996 (State of M.P. Vs. Pakchi and another) whereby the appeal against acquittal has been allowed and applicant/respondents have been convicted u/s 376 and 376/34 of IPC and sentenced to undergo RI for 10 years with fine of Rs. 20,000/- each in default to suffer further RI for one year.

(3.) The facts of the case, in brief, are that State has preferred the criminal appeal in the year 1996 against the judgment of acquittal dated 8/09/1994 passed by First Additional Sessions Judge, Tikamgarh acquitting the accused from the charges u/s 376 read with section 34 of IPC. Applicant has engaged Shri S.K.P. Verma, Advocate in the year 1996 for cancellation of bailable warrant issued against him. He appeared before this Court on 20/12/1996 however, bail was granted to him with direction to accused to appear before the CJM, Tikamgarh. Thereafter, the applicant and other co-accused were started appearance before the CJM, Tikamgarh. This criminal appeal was of year 1996 pending since long being very old however, started listing for final hearing in the heading "Oldest cases upto year 2000 (Criminal)" and came for hearing. The respondent counsel did not appear before the bench despite showing his name in cause list on 30/07/2018 however, Court appointed amicus curiae. After hearing the arguments of amicus curiae, the judgment was delivered on 17/05/2019, setting aside the judgment of acquittal convicting and directed the accused to undergo the sentence.