Case Note & Summary
The appellant, Ramkrishna Ganesh Wagh, was convicted under Section 376 of the Indian Penal Code (IPC) by the Sessions Court, Akola, in Sessions Trial No.134/2004, and sentenced to rigorous imprisonment for seven years and six months on two counts, along with a fine. He filed an appeal before the Bombay High Court, Nagpur Bench. On 05.12.2005, the High Court suspended the sentence and released him on bail. The appeal was listed for hearing on multiple dates in June and July 2018. On 15.06.2018, the appellant's counsel did not appear and had not collected the paper book. The court granted one week's time. On 22.06.2018, again no appearance, and the paper book was not collected. The appeal was adjourned to 29.06.2018, when the counsel had collected the paper book but failed to appear. The court then listed the appeal high on board for 09.07.2018, and it continued on 10.07.2018 and 11.07.2018. On 11.07.2018, the counsel again did not appear. The court noted the repeated absence and considered the appropriate course. Relying on the Supreme Court decision in Bani Singh and Ors. v. State of U.P., (1996) 4 SCC 720, the court held that when the appellant is represented by a pleader and the pleader fails to appear, the appellate court is not bound to adjourn the matter but can dispose of the appeal on merits after perusing the record. The court examined the trial court's judgment and evidence, found no infirmity, and dismissed the appeal, confirming the conviction and sentence. The court also directed that the appellant be taken into custody to serve the remaining sentence.
Headnote
A) Criminal Procedure - Appeal - Dismissal for Non-Prosecution - When appellant's counsel repeatedly fails to appear despite opportunities, the appellate court may dismiss the appeal on merits after considering the evidence and judgment of the trial court - The court is not bound to adjourn the matter indefinitely - Held that the appeal can be disposed of on merits after perusing the record (Paras 4-6).
Issue of Consideration
Whether the appellate court can dismiss an appeal for non-prosecution when the appellant's counsel repeatedly fails to appear, and what course should be adopted in such circumstances.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial Court are confirmed. The appellant, who is on bail, shall be taken into custody to serve the remaining sentence.
Law Points
- Dismissal of appeal for non-prosecution when counsel absent
- Power of appellate court to decide appeal on merits despite absence of appellant's counsel
- Precedent of Bani Singh v. State of U.P.
