^ r^ a 'H ^ ^ > G .C^ fl) C5 O a^ <a '\ ^ -c^ •il! -m w 01 ^l :i!SI o HI6H COURT OF WHATTtSGAW. BIb^SPUR Criminal Aopwd No 1039 <rf 1996 Appelkuit : Shiv Kumar Oeuioir^an, S/o Serfieblal Dewongan, Aged 28 years, ft/o viliage Pandariya, P.S. Pandariya. District Bifadpur (M.P.)(nowC.6.) Respondent Versus Stnte of Madhya Prodesh, threugh Polwa Statk»nPandariya. District Bilaspur (MJ9.) (now C.©.) No one appears for the oppellant when Ihe matter is catled <nit. Shri Neeraj K. Atehta. P.L. appears for the State. OftALOftDEft (Passed on 12.3.2007) The fotlowin9 oral order of the Court wos passed by Swi Kuinar Sinha, J. Record ptanised. 2. The appellant was convicted on 25th April 1996 under Sectwn 376 (2) (9), 366 I.P.C. and 3 (1) (xi) of Ihe Scheduted CdslB and Scheduted Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) and woss sefvterwsd to undergo rigemis imprisonment for 10 years and fine of Rs.2000/- and in default of fbie to further undergo six monlfis imprisonment under Sectton 376 (2) (g) I.P.C., to under9o rigorous tmprisonment for five years arxl fine of Ks.2000/- ond in default of fine to further under90 ax mon-tiis imprjsonment under Section 366 I.P.C. cnd to iffidei^o rigorous imprisonment for one year and fine of Rs.lOCX)/- and m defauh' of the Cp.A.No.l039of2006 soune to fzirrtier Lmder90 three months tmprisonma'it wicfer Section 3 (l)(xi)of1heAct. 3. A perusal of record woukl dww that Iha Jait sentences (n^wsed upon the appelfant have not been suq?ended by this Cairt- titl now flnd the matter is not admitt'ed so far meoning Iherefay that tlw oppeltant must have atready undergone the entire substantive jail sentences imposed upwi him and periiaps for •t+ie said reaams nobody is appearing for the eypellcnt in 1+iis case to argue wi admlssion ond suspension of sentence. 4. Since nobody has caused appearonce on behalf of 1+»oppelbnt and -the entire period of substantive jail switenoes imposed against the appellant appear to hos/e been etapsed, Ihis Court is left- with no other option except to order for dismissat of this cppeal, 5. This oppeat is dismissed for wcait of prosecutkwi. 6. ln view of the above, I.A.No.4439 of 1996 for su^iension of sentence arid grant of bail aiso stands disposed of. Sd/- Sunil Kumar Sinha Judge ATIP^