Appeal against conviction under Section 174A IPC for non-appearance after a proclaimed-offender proclamation, recorded at judgment stage without framing proof of lawful proclamation. Court held procedure beyond legal purview and set aside the conviction.
Conviction under section 174A IPC and sentence set aside.
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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KRISHAN .....Appellant
Through: Mr.Birendra Kumar Mishra, adv.
versus
STATE OF NCT DELHI .....Respondent Through: Mr.Raghvinder Varma, APP for the State. SI Nirmala
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 08.08.2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:32:58
Begumpur. When police reached to the spot, the prosecutrix aged about 14 years, Smt. Phoolmala (aunt of the prosecutrix), Sh. Yashpal (Maternal uncle of the prosecutrix) and Mr. Lalit Kumar (cousin of the prosecutrix) were found present and allegations of sexual assault by the appellant/accused were leveled by them. The police took the prosecutrix to SGM hospital where her medical examination was conducted. In her statement, the prosecutrix alleged that the appellant, who is a neighbor was in visiting terms of her house. On 13.01.2014, the appellant called the prosecutrix through her mama on the pretext of withdrawing money from an ATM and she was sexually assaulted/abused by the appellant. She further alleged that the appellant had earlier committed penetrative sexual assault upon her about 15-20 times when he got an opportunity by putting her under criminal intimidation. On the said statement, an FIR No. 35/14 was registered at PS Begumpur under section 376/506 of the Indian Penal Code, 1860 r/w section 6 of the POCSO Act.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:32:58
conceded to the charge as he admittedly remained absconding from 23.01.2014 till 18.08.2014. Thereafter, convicted the appellant for the offence under section 174A of IPC.
“174A- Non-appearance in response to a proclamation under section 82 of CrPC
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub section (1) of section 82 of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:32:58
want to recall the witnesses. The onus was on the prosecution to prove the offence under section 174A IPC in accordance with law. The court is obliged to record a finding that proclamation has been issued and executed under Section 82 Cr.P.C. in accordance with law. There may be a case where there is legal flaw in the issuance and execution of such powers. It is evident that in impugned judgment and order on the quantum of sentence, both dated 03.11.2016, the learned judge has inadvertently or otherwise entirely overlooked the important provisions of the Code of Criminal Procedure and pre-requisites while recording the guilt under section 174 A IPC.
DINESH KUMAR SHARMA, J
AUGUST 8, 2024 rb/ht..
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:32:58
1 issue framed by the court
Whether conviction under Section 174A IPC could stand when proclamation under Section 82 CrPC was not shown issued and executed according to law.
5 provisions across 4 enactments
Krishan
State of NCT Delhi
Dinesh Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dinesh Kumar Sharma
Parties & counsel
