ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

1. The appellant-original accused was charged with offences punishable under Sections 376 and 302 of IPC and Section 135 (1) of the Bombay Police Act. By the impugned judgement dated 27.08.2002 passed by the learned District and Sessions Judge, Navsari in Sessions Case No. 15 of 2002, he was convicted for offences under Sections 376 and 302 of IPC. He was, however, acquitted for offence under Section 135(1) of the Bombay Police Act. For offence under Section 376, he was sentenced to 10 years of rigorous imprisonment. Fine was also awarded. For offence under Section 302 of IPC, he was sentenced to life imprisonment in addition to fine. Substantive sentences were made concurrent. He has challenged the said judgement in the present appeal. We were informed that the accused is absconding since 24.04.2008. This appeal is pending since more than 10 years. Nothing is pointed out to us from the Code of Criminal Procedure or any other provision whereby, under such circumstances, we would be precluded from hearing the appeal, particularly, when the appellant is represented by a legal counsel. We had, therefore, instead of further adjourn