Nafees vs State of U.P. (Now State of Uttarakhand)

Servesh Kumar Gupta, J.—This criminal appeal has been preferred against judgment and order dated 07.09.1999, delivered in Sessions Trial No. 61 of 1998 for the offence u/s 376 Indian Penal Code, 1860, pertaining to Police station Bajpura, District U.S. Nagar.

The incident was of 29.07.1998. He was arrested on 03.08.1998 and remanded to judicial custody by Magistrate concerned. After submission of chargesheet, the case was committed to the court of Sessions where the accused was tried and convicted on dated stated above with the sentence of eight years rigorous imprisonment in addition to Rs. 6,000/- fine. In default of fine, he had to further undergo one year'' rigorous imprisonment in addition.

Initially, this appeal was preferred in the Allahabad High Court, where it was assigned No. 2723 of 1999. After transferring of the said appeal to High Court of Uttarakhand, it was re-numbered as 373 of 2001. The accused was never granted bail either in the sessions court or at the time of filing of this appeal. That does means ever since the time of arrest on dated 03.08.1998, he remained in caption till the completion of sentence, which was awarded to him. That sentence of eight years and one year in addition, on account of default of fine, has now been completed as back in 2007. None turned up to press this appeal.

In the above circumstances, this appeal has become infructuous and redundant and is dismissed.