Karshanbhai Bhikhubhai Kamaliya ... vs State Of Gujarat
2025 Latest Caselaw 3349 Guj

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

                       ==========================================================
                                          KARSHANBHAI BHIKHUBHAI KAMALIYA (KOLI)
                                                          Versus
                                                   STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       MR CHINTAN S POPAT(5004) 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 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.

NEUTRAL CITATION

R/CR.A/1630/2017 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