Gujarat High Court
Varsad @ Bholiyo Dhamirbhai Nayak vs State Of Gujarat on 27 September, 2023
Bench: Hemant M. Prachchhak
NEUTRAL CITATION
R/CR.A/654/2023 ORDER DATED: 27/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 654 of 2023
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VARSAD @ BHOLIYO DHAMIRBHAI NAYAK
Versus
STATE OF GUJARAT
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Appearance:
MR. RADHESH Y VYAS(7060) for the Appellant
MS CM SHAH ADDL PUBLIC PROSECUTOR for the Respondent
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 27/09/2023
ORAL ORDER
1. The accused has preferred this appeal under Section 374 of
the Criminal Procedure Code, 1973 against the judgment and
order of conviction dated 29.09.2016 passed by the learned 9th
Additional Sessions Judge and Special Judge (POCSO),
Panchmahal at Godhra in Special Case (POCSO) No. 4 of 2015,
whereby present appellant (accused) has been convicted for the
offence punishable under Sections 363, 376 etc of the Indian
Penal Code and under Sections 3 and 4 of the Protection of
Children from Sexual Offence Act, 2012 and directed him to
undergo sentence of rigorous imprisonment of five years for the
offence under Section 363 of the Indian Penal Code with fine of
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R/CR.A/654/2023 ORDER DATED: 27/09/2023
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Rs.5,000/- and in default of payment of fine, to undergo simple
imprisonment for three months; to undergo sentence of rigorous
imprisonment of ten years for the offence under Section 376 of
the Indian Penal Code with fine of Rs.10,000/- and in default of
payment of fine, to undergo simple imprisonment for six months,
and to undergo sentence of rigorous imprisonment of ten years
for the offence under Section 4 of the Protection of Children from
Sexual Offence Act with fine of Rs.10,000/- and in default of
payment of fine, to undergo simple imprisonment for six months.
2. It appears that the appellant filed the present appeal
belatedly and, therefore, he had filed criminal misc. application
for condonation of delay of 1576 days caused in filing the appeal,
which came to be allowed and condoned the delay by this Court
vide order dated 21.03.2023. The appeal came up for admission
hearing on 29.03.2023, which came to be admitted and rule
issued in criminal misc. application for suspension of sentence
and, thereafter, the matter was adjourned from time to time.
3. Learned Additional Public Prosecutor for the respondent -
State of Gujarat has produced the report dated 25.09.2023 of the
NEUTRAL CITATION
R/CR.A/654/2023 ORDER DATED: 27/09/2023
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Central Jail, Vadodara, which is taken on record.
4. Considering the facts and circumstances of the case and
the report dated 25.09.2023 of the Central Jail, Vadodara, it
appears that pending the appeal, the appellant has completed
the sentence imposed by the Trial Court and he was set at free
by the concerned Jail Authority on 24.09.2023.
5. In view of the above, the present appeal stands disposed of
as having become infructuous accordingly. Pending criminal
misc. application/s shall stand disposed of accordingly. Record
and proceedings of the case, if called for, be transmitted back to
the concerned Trial Court forthwith.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
