The Delhi High Court dismissed an appeal as infructuous because the appellant had already completed his substantive sentence and paid the fine. The appeal, filed under Sections 376 and 506 IPC, was abandoned.
Appeal dismissed as infructuous; order sent to Trial Court and Jail Superintendent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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DECIDED ON : February 04, 2015
BHAGWAN DAS
..... Appellant
Through : None.
versus
THE STATE OF DELHI
..... Respondent Through : Ms.Kusum Dhalla, APP for State.
CORAM: HON’BLE MR. JUSTICE S.P.GARG
S.P.GARG, J. (ORAL)
1,000/- under Section 376 IPC and RI for six months with fine 100/- under Section 506 IPC.CRL.A.810/2004 Page 1 of 3
that after the death of her mother ‘X’, aged about 12/13 years, lived with her step father and step brothers. They started committing rape with the prosecutrix. ‘X’ disclosed the fact to one Sunita, a social worker who brought it to the notice of Mrs.Faruqqi and Mrs.Nirmal Sharma of National Federation of Indian Woman. On the statement of the victim FIR under Section 376 Cr.P.C. was registered at Police Station S.N.Puri. Her statement under Section 164 Cr.P.C. was recorded. The statements of the witnesses well conversant with the facts were recorded. After completion of investigation, a Charge-sheet under Sections 376/506 IPC was submitted against the appellant and co-convict. The prosecution examined 11 witnesses to establish the appellant’s guilt. In the statement recorded under Section 313 Cr.P.C, the appellant denied his involvement in the offence. The trial resulted in his conviction under Sections 376/506 IPC. Being aggrieved and dissatisfied, the appeal has been preferred by the appellant.
CRL.A.810/2004 Page 2 of 3
already been released on 12.12.2006 after he served out the substantive sentence awarded to him. The fine has been paid by him in Jail.
(S.P.GARG) JUDGE
FEBRUARY 04, 2015 sa
CRL.A.810/2004 Page 3 of 3
Bhagwan Das
The State of Delhi
S.P. Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court