ANOKHILAL vs THE STATE OF MADHYA PRADESH. Supreme Court, 18-12-2019
| Docket Number | Crl.A. No.-000062-000063 / 2014 |
| Date | 18 December 2019 |
| Parties | ANOKHILALTHE STATE OF MADHYA PRADESH |
| Court | Supreme Court (India) |
Criminal Appeal Nos.62-63 of 2014
Anokhilal v. State of Madhya Pradesh
1
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOs.62-63 OF 2014
ANOKHILAL …Appellant
VERSUS
STATE OF MADHYA PRADESH …Respondent
J U D G M E N T
Uday Umesh Lalit, J.
1. These appeals by special leave challenge the final judgment and
order dated 27.06.2013 passed by the High Court 1 in Criminal Reference
No.4 of 2013 and Criminal Appeal No.748 of 2013.
2. The relevant facts for the purposes of these appeals, in brief, are as
under:
1 The High Court of Madhya Pradesh at Jabalpur
Digitally signed by
INDU MARWAH
Date: 2019.12.18
17:37:09 IST
Reason:
Signature Not Verified
Criminal Appeal Nos.62-63 of 2014
Anokhilal v. State of Madhya Pradesh
2
(A) On 30.01.2013 a missing report was lodged by one Ramlal
that his daughter (hereinafter referred to as ‘the victim’) aged about
nine years was missing since 6 pm and that the appellant, his
neighbour had sent the victim to get a bidi from a kirana shop but the
victim never returned back. Pursuant to this reporting, FIR No.38 of
2013 was registered on 30.01.2013 with Police Station Chaigaon
Makhan, Khandwa for offences under Sections 363, 366 of the Indian
Penal Code.1860 (‘IPC’, for short) against the appellant.
(B) The body of the victim was found in an open field on
01.02.2013.
(C) The appellant was arrested on 04.02.2013, and after
completion of investigation charge-sheet was filed on 13.02.2013 in
the concerned court and the case was committed to Sessions Court on
18.2.2013. The case was posted for 19.02.2013 to consider whether
charges be framed or not.
(D) It appears that since no Advocate had entered appearance on
behalf of the appellant, on 18.02.2013 a learned Advocate was
appointed by the Legal Aid Services Authority to represent the
appellant on 19.02.2013. That learned Advocate, however, did not
Criminal Appeal Nos.62-63 of 2014
Anokhilal v. State of Madhya Pradesh
3
appear on 19.02.2013 when the case was taken up, and as such
another learned Advocate came to be appointed through Legal Aid
Services to represent the appellant. Such appointment was done on
19.02.2013 and on the same day the charges were framed against the
appellant for the offences punishable under Sections 302, 363, 366,
376(2)(f) and 377 IPC and under Sections 4, 5 and 6 of Protection of
Children from Sexual Offences Act, 2012.
(E) In the next seven days i.e. by 26.2.2013, all thirteen
prosecution witnesses were examined.
(F) Thereafter, the case was dealt with on 27.2.2013, 28.2.2013,
1.3.2013, 2.3.2013 and 4.3.2013 and the orders passed by the Trial
Court were :-
“(i) 27.02.2013
State through Shri B.L. Mandloi P.P.
Accused Anokhilal present from judicial custody. Shri
D.S. Chauhan advocate present on his behalf.
The prosecution filed application together with letter
of District Prosecution Officer and with copy of
warrant etc documents. Copies are supplied. The
defense has no objection in taking above documents
on record, hence considering the reasons of as
explained for delay the application is liable to be
accepted and above documents are taken on record.
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