Raja Ram vs State Of U.P.
2022 Latest Caselaw 3382 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- CRIMINAL APPEAL No. - 1211 of 1983
 

 
Appellant :- Raja Ram
 
Respondent :- State of U.P.
 
Counsel for Appellant :- P.K.Mukerjee,Chandra Bhan Kushwaha
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Rajiv Gupta,J.

Heard Shri Chandra Bhan Kushwaha, learned counsel for the appellant, learned AGA for the State and perused the record.

This criminal appeal has been filed against the judgment and order dated 13.05.1983 passed by Additional Sessions Judge, Badaun in Sessions Trial No. 107 of 1982, Police Station Kotwali, District Badaun, by which the appellant has been convicted for the offence under Section 376 IPC, however on the date of incident, he was a minor being 14 years of age and as such, no sentence was awarded to him in view of U.P. Children Act, 1951 as interpreted by Hon'ble Supreme Court in Jayendra and another Vs. State of U.P. reported in 1982 C.A.R 60 (Supreme Court) and the appellant was directed to be kept in Reformative Home till he attains the age of 18 years.

Against the aforesaid judgment and order, appellant had preferred this criminal appeal, which was admitted and the appellant was directed to be released on bail, however, his conviction was not stayed and as such, the period, for which he was sent to Reformative Home, had already expired and the present appeal has more-or-less become infructuous.

Learned counsel for the appellant has made a statement at the bar that he does not want to challenge the stigma of conviction and infraction pursuant to the said conviction and seeks the instant appeal may be dismissed as the appellant had already attained the age of 18 years.

Per contra, learned AGA could not dispute the aforesaid facts and has submitted that appellant has already attained the age of 18 years, for which he was sent in Reformative Home and no purpose would be served in keeping the appeal pending.

Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that appellant has already attained the age of 18 years and he does not want to challenge the stigma of conviction and infraction consequent to the said conviction, this criminal appeal is accordingly dismissed.

Connected Criminal Appeal No. 1514 of 1983 (Wajid Ali Vs. State of U.P.) be de-linked from this appeal and listed separately in the next cause list.

Order Date :- 18.5.2022

Nadim