MP HC Dismisses Appeal of Rape Convict Filed 20 years Back [Read Judgment]

The Madhya Pradesh High Court has held the law does not enjoin that the court shall adjourn the case if both the appellant and his lawyer are absent.

With this observation the court has decided the 20-year-old criminal appeal filed by a person convicted in a rape case in absence of his lawyer on the date of hearing.

While deciding the appeal, Justice Sushil Kumar Palo said “this criminal appeal is pending since 1997, but none appeared on behalf of the appellant”.

The tiral court on 17.04.1997 convicted the appellant under sections 376 and 506(2) of IPC on finding him guilty of raping a minor girl and sentenced him to imprisonment for ten years with fine of Rs.100.

The court has directed the appellant to surrender before the trial court within 30 days.

The prosecution story is that on 1.1.1991 in the afternoon the minor girl had gone to collect wood from the forest at village Mohas, nearby a man was grazing cattle on finding alone forcibly raped her.

Read the Judgment Here