Cr. Appeal No.135 of 1993 23.2.2010 Present: Mr. Vivek Thakur, Addl. A.G. with Mr. R. M. Bisht, Dy. A.G. for the appellant-State. This appeal was admitted on 1st June, 1993. Arguments were heard on 12th November, 2007 and the order of acquittal passed against the accused was set-aside and the matter adjourned to 29th November, 2007 to hear the accused on the question of sentence. The accused did not appear before this Court. Thereafter his counsel pleaded no instructions, the bail bonds furnished by the accused were cancelled and forfeited. Despite various opportunities given the accused has still not appeared in Court. There is no use of keeping this appeal pending any further. The accused has been convicted of having committed an offence punishable under Section 376 read with Section 511 of the Indian Penal Code of having attempted to commit rape on a minor girl. Despite opportunity granted he has not appeared. The minimum sentence for the offence is 7 years but in the case of an attempt minimum sentence would be half. Therefore, the accused is sentenced to undergo imprisonment for 3 years and 6 months. The appeal is disposed of. It be consigned to records. However, since this order has been passed in the absence of the accused, the record of the case shall not be destroyed without specific order from the Court. Cr.MP(M) No. 69/2008 Show cause notices were issued to the accused since his bail bonds were forfeited. The accused has not put in appearance and the State has failed to give the particulars of any property of the accused. Therefore, there is no use of keeping this petition pending which is disposed of at this stage. The State however is at liberty to file a fresh application in case it can trace out the property, if any, of the accused. ( Deepak Gupta ),J. ( Sanjay Karol ), J. February 23, 2010 (rana)