Gujarat High Court
Karshanbhai Bhikhubhai Kamaliya ... vs State Of Gujarat on 24 February, 2025
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.A/1630/2017 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1630 of 2017
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KARSHANBHAI BHIKHUBHAI KAMALIYA (KOLI)
Versus
STATE OF GUJARAT
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Appearance:
MR CHINTAN S POPAT(5004) 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 2 nd Additional Sessions Judge, Veraval dated 13.09.2016 in Special (POCSO) Case No.28 of 2016. The accused - appellant was convicted for the offences punishable under Sections 376 of the IPC read with Sections 3(A), 4, 5(J)(2) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 305 of the IPC 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 three months is also imposed.
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NEUTRAL CITATION R/CR.A/1630/2017 ORDER DATED: 24/02/2025 undefined
2. We have perused the information supplied by the 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.
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