Tapeshwar Mirdha vs The State Of Jharkhand
2023 Latest Caselaw 985 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
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Cr. Appeal (DB) No. 791 of 2012

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Tapeshwar Mirdha, son of Late Chedi Mirdha, resident of Konga Jaipur, P.O. Gandhi Nagar, P.S. Kanke, District-Ranchi.

... ... Appellant Versus The State of Jharkhand ... ... Respondent

PRESENT HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND .....

For the Appellant : Mr. Nilesh Kumar, Advocate For the Respondent : Mr. Ravi Prakash, Spl. P.P.

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ORAL ORDER 14/Dated: 28th February, 2023

The appeal is under Section 374 (2) and 389 (1) of the Code of Criminal Procedure against the judgment of conviction dated 16.02.2012 and sentence dated 21.02.2012 passed by learned District and Sessions Judge-III, Ranchi in Sessions Trial No. 179 of 2011, whereby and whereunder, the appellant has been found guilty of offence under Section 376(2)(f) of the I.P.C. and had been directed to undergo rigorous imprisonment for a period of 10 (ten) years alongwith fine of Rs.2,000/- and in default of payment of fine, he has further been directed to undergo simple imprisonment for three months.

Mr. Ravi Prakash, learned Spl. PP appearing for the respondent- State has produced a communication dated 26.02.2023 issued under the signature of Superintendent, Birsa Munda Central Jail, Hotwar, Ranchi addressed to the Assistant Registrar-XXXIII of this Court, whereby and whereunder, information has been given that the appellant has been set free on the ground that he has completed the sentence as inflicted upon him.

Let the copy of the said communicated dated 26.02.2023 be kept on record.

Mr. Nilesh Kumar, learned counsel for the appellant has submitted that he does not intend to press this appeal.

Accordingly, the instant appeal is dismissed as not pressed.

Since the learned counsel for the appellant is not pressing the appeal on merit, therefore, the judgment of conviction and sentence is, hereby, affirmed.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Saurabh /-