Karnataka High Court
Kumar S/O. Jeevaleppa Rathod vs The State Of Karnataka on 4 July, 2024
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NC: 2024:KHC-D:9143
CRL.A No. 100115 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100115 OF 2022 (C)
BETWEEN:
KUMAR S/O. JEEVALEPPA RATHOD,
AGE: 32 YEARS, OCC: COOLIE,
R/O: NAGARASIKOPPA TANDA,
TQ: RON, DIST: GADAG.
...APPELLANT
(BY SRI D.V.PATTAR AND SRI ANAND R.KOLLI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
R/BY STATE PUBLIC PROSECUTOR,
THROUGH GAJENDRAGAD POLICE STATION.
2. DEVENDRAPPA S/O. BHEEMAPPA CHAWAN,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: NAGARASIKOPPA THANDA,
TQ: RON, DT: GADAG.
...RESPONDENTS
CHANDRASHEKAR (BY SRI PRAVEENA Y.DEVARADDIYAVARA, HCGP FOR R1;
LAXMAN R2 - SERVED)
KATTIMANI
THIS CRIMINAL APPEAL IS FILED U/S 374 (2) OF CR.P.C.,
HIGH SEEKING TO SET ASIDE THE JUDGMENT DATED 30.10.2019 AND
COURT OF ORDER OF CONVICTION DATED 04.11.2019 PASSED BY THE
KARNATAKA LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG IN
S.C.NO.37/2016 SENTENCING RIGOROUS IMPRISONMENT FOR 10
YEARS FOR THE OFFENCES PUNISHABLE U/S 376(2) (I) OF IPC AND
10 YEARS RIGOROUS IMPRISONMENT FOR THE OFFENCE
PUNISHABLE U/S 4 OF POCSO ACT AND FINE OF RS.75,000/- FROM
WHICH RS.5,000/- IS TO BE PAID TO THE STATE AND RS.70,000/-
TO THE VICTIM AND IN DEFAULT OF PAYMENT THE CONVICT IS
SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR ONE YEAR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
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NC: 2024:KHC-D:9143
CRL.A No. 100115 of 2022
ORDER
The appellant has written letter to the office of his counsel addressing to the Court to reach the letter to this Court. The averments of the letter states that he has been convicted for the offences punishable under Section 376(2) (i) of IPC and 4 of the POCSO Act.
2. The punishment imposed to the appellant by the Trial Court is that, the appellant is sentenced to undergo rigorous imprisonment for 10 years for the offence punishable under Section 376(2) (i) of IPC and further he is sentenced to undergo 10 years rigorous imprisonment for the offence under Section 4 of the POCSO Act. Further, the Trial Court ordered the appellant to pay fine of Rs.75,000/-. Out of the said fine of Rs.75,000/-, Rs.70,000/- is ordered to pay to the victim and Rs.5,000/- to be paid to the State. In default of payment of fine, the convict is sentenced to undergo simple imprisonment for 1 year.
3. It is the request of the appellant that since he had already completed 8 years 4 months, he did not want to proceed with the case and he is expected to be released on -3- NC: 2024:KHC-D:9143 CRL.A No. 100115 of 2022 probation of good conduct within two months. Therefore, he seeks to dismiss the appeal as not pressed.
4. The learned counsel for the appellant filed a letter along with memo. The same is taken on record. In view of the letter written by the appellant and also submission of the learned counsel for the appellant, the criminal appeal stands dismissed as not pressed and the I.As., if any, stands disposed of accordingly.
Sd/-
JUDGE CLK CT:ANB