Gujarat High Court
Mahesh @ Ashwin Vinubhai Makwana vs State Of Gujarat on 24 February, 2025
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.A/568/2019 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 568 of 2019
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MAHESH @ ASHWIN VINUBHAI MAKWANA
Versus
STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MR JEET J BHATT(6154) for the Appellant(s) No. 1
MS CM SHAH, APP for the Respondent - State
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 24/02/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Challenge in the appeal is made to the judgment and order passed by the Special Judge and 3 rd Additional Sessions Judge, Bhavnagar dated 12.09.2018 in Special (POCSO) Case No.3 of 2017. The accused - appellant was convicted for the offences punishable under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced him to undergo rigorous imprisonment for maximum ten years with fine of Rs.10,000/- and in default thereof, further simple imprisonment of six months is also imposed.
2. We have perused the information supplied by the Page 1 of 2 Uploaded by M.H. DAVE(HC00193) on Thu Feb 27 2025 Downloaded on : Thu Feb 27 22:05:42 IST 2025 NEUTRAL CITATION R/CR.A/568/2019 ORDER DATED: 24/02/2025 undefined jail authority. The same is ordered to be taken on record.
3. On perusal of the jail information, it emerges that the convict, as on date, has already undergone his sentence and has also paid the fine. In such circumstances, when the convict has not challenged his conviction on merit and considering the peculiar facts of the present case as referred above, the present appeal has become infructuous. Accordingly, this appeal stands disposed of.
(ILESH J. VORA,J) (SANDEEP N. BHATT,J) M.H. DAVE Page 2 of 2 Uploaded by M.H. DAVE(HC00193) on Thu Feb 27 2025 Downloaded on : Thu Feb 27 22:05:42 IST 2025