Vipulbhai Vinubhai Manjibhai Sakariya vs State Of Gujarat
2025 Latest Caselaw 3344 Guj

Gujarat High Court

Vipulbhai Vinubhai Manjibhai Sakariya vs State Of Gujarat on 24 February, 2025

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

                                                                                                                  NEUTRAL CITATION




                              R/CR.A/917/2016                                     ORDER DATED: 24/02/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 917 of 2016

                       ==========================================================
                                           VIPULBHAI VINUBHAI MANJIBHAI SAKARIYA
                                                           Versus
                                                     STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       HARSH A VYAS(9330) for the Appellant(s) No. 1
                       Ms. DIXA U PANDYA(9412) for the Appellant(s) No. 1
                       MS CM SHAH, APP for the Respondent - State
                       ==========================================================

                          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, Surendranagar dated 01.04.2016 in Special (POCSO) Case No.36 of 2015. The

accused - appellant was convicted for the offences punishable

under Sections 376 and 376(F)(I) of the Indian Penal Code

and also 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 eleven years with fine of Rs.10,000/- and in

default thereof, further simple imprisonment of one year is

also imposed.

NEUTRAL CITATION

R/CR.A/917/2016 ORDER DATED: 24/02/2025

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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.

(ILESH J. VORA,J)

(SANDEEP N. BHATT,J) M.H. DAVE