DHIREN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has suffered the trial on the charge under section 376 of the Indian Penal Code in S.T. No. 14 of 2010. He has been convicted and sentenced to R.I. for 10 years and fine of Rs. 5,000/- under section 376 of the Indian Penal Code.

(2.) This criminal appeal was filed on 20th September, 2013 and when it was listed on 17th December, 2019, no one had appeared for the appellant. Accordingly, vide order dated 17th December, 2019, Miss Saumya Pandey, the learned counsel, was appointed as Amicus to argue this criminal appeal on behalf of the appellant. In the meantime, a judgment in Anokhi Lal Vs. State of M.P. (Criminal Appeal No. 62-63 of 2014) came and in view of the observation of the Hon'ble Supreme Court, Mr. A.K.Kashyap, the learned senior counsel was requested to appear for the appellant.

(3.) Mr. A.K.Kashyap, the learned senior counsel, assisted by Miss Saumya Pandey, the learned Amicus, appears for the appellant and submits that without going into merits of the matter one thing which is apparent from the judgment in S.T. No. 14 of 2010 is that the judgment of conviction of the appellant has been passed ignoring the mandatory provision under section 354 of the Code of Criminal Procedure.