Dhiren Mahato vs State Of Jharkhand

Shree Chandrashekhar,J

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.

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.

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.

Contention raised by Mr. A.K.Kashyap, the learned senior counsel for the appellant is that the judgment of conviction does not record reasons for

convicting the appellant under section 376 of the Indian Penal Code. Mr. A.K.Kashyap, the learned senior counsel for the appellant has referred to

and relied upon the judgment in “Mukhtar Singh & Anr. Vs. State of Punjabâ€​ reported in (1995) 1 SCC 760.

Miss Saumya Pandey, the learned Amicus has prepared a short synopsis and notes on the prosecution’s evidence.

Taken on record.

At this stage, Mr. Hardeo Prasad Singh, the learned APP tenders a copy of the letter dated 16.12.2019 received from the Superintendent, Central

Jail, Ghaghidih , Jamshedpur.

In this letter the Superintendent of Central Jail, Ghaghidih, Jamshedpur has stated that the appellant after serving sentence of eight years five

months and one day and on payment of Rs. 5,000/- has been released, on extending benefit of remission to him.

As instructed by Miss Saumya Pandey, the learned Amicus, Mr. A.K.Kashyap, the learned senior counsel for the appellant states that he has not

received any instruction from the appellant for pressing this criminal appeal on merits.

In view of the aforesaid, criminal appeal (D.B.) No. 729 of 2013 has been rendered infructuous and, accordingly, disposed of as such.

We accord our appreciation for the good gesture shown by Mr. A.K.Kashyap, the learned senior counsel and assistance rendered by Miss

Saumya Pandey, the learned Amicus.

The Secretary, Jharkhand High Court Legal Services Committee shall reimburse the learned Amicus on submission of bill(s).

Let lower court records be transmitted to the court concerned, forthwith.

Let a copy of the judgment be transmitted to the court concerned through 'Fax'.