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Showing contexts for: proclaim offender in State vs Moni Kumar on 12 January, 2024Matching Fragments
During trial, accused Bobby stopped appearing this Court and vide order dated 26.07.2019 he was declared a proclaimed offender. Supplementary chargesheet with regard to offence under section 174A IPC was filed against accused Bobby and charge under section 174A IPC was framed against accused Bobby on 22.12.2022 to which he not plead guilty and claimed trial. Accused Bobby admitted the genuineness of proceedings conducted by process server ASI rajesh Kumar and copy of FIR under section 294 Cr. PC. Statement of PW Bharti Kumari was recorded in his regard. Her deposition in brief as follow:
26. As discussed above, the testimony of the sole public witness/complainant is not reliable. In the circumstances, it cannot be said that the prosecution has proved the offence as defined in the section 378 IPC.
State vs. Moni Kumar & Anr. FIR No.498/08 PS Seelampur Page No. 18 / 2727. During trial, process under section 82 Cr. PC was issued against accused Bobby by this Court vide order dated 25.09.2018 and he was declared a proclaimed offender on 25.07.2019. He was apprehended on 12.09.2020 and supplementary chargesheet under section 174A IPC was filed against accused Bobby. Copy of the same supplied to him and charge under section 174A IPC was framed against accused Bobby to which he pleaded not guilt and claimed trial.
28. Section 174A of the Penal Code, 1860 reads as under:
"174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.-- Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub- section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine."
"21. The legislature by enacting Section 174A IPC has further penalised the non-appearance of a proclaimed offender. The very basis of fair trial is threatened if an accused/suspect is declared as a proclaimed offender without proper service, or if proclamations and non-bailable warrants are issued in a routine manner.
22. The legislature seeing the growing number of Proclaimed offenders inserted Section 174A IPC by way of Clause 44 of the CrPC. (Amendment) Act, 2005 (25 of 2005) which was brought into force w.e.f. 23rd June, 2006 vide Notification No. SO 923(E) dated 21st June, 2006, hoping that it would be a deterrent for persons fleeing from justice.