Srishail S/O Dundappa ... vs The State Of Karntaka
2022 Latest Caselaw 1998 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

         DATED THIS THE 08TH FEBRUARY, 2022

                      BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

        CRIMINAL APPEAL NO.200076/2016


BETWEEN:

SRISHAIL S/O: DUNDAPPA HALAKANAVAR,
NOW AGED: 29 YEARS,
OCC: COOLIE WORK,
R/O: KONASIRASAGI VILLAGE,
TQ: JEWARGI, DIST: KALABURAGI.
                                       ... APPELLANT
(BY SRI PATIL SIDHALING, ADVOCATE)


AND:

THE STATE OF KARNATAKA
THROUGH YEDRAMI P.S.,
TQ: JEWARGI, DIST: KALABURAGI.
                                      ... RESPONDENT

(BY SRI GURURAJ V.HASILKAR, HCGP)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
374(2) OF CR.P.C., PRAYING TO ALLOW THE APPEAL AND
SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE II
ADDL. SESSIONS JUDGE, KALABURAGI IN SPL.CASE
NO.32/2015 DATED 12.04.2016 AND THE APPELLANT MAY
KINDLY BE ACQUITTED OF THE OFFENCES UNDER
SECTION 377 OF IPC AND SECTION 4 OF POCSO ACT.
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     THIS CRIMINAL APPEAL COMING ON FOR FINAL
HEARINGTHIS DAY, THE COURT DELIVERED THE
FOLLOWING :

                        JUDGMENT

1. This court by order dated 01.02.2022 issued

court notice to the appellant/accused with a direction to

the jail authorities to produce the appellant/accused

through video conferencing. However, in pursuance of the

said direction issued, the jail authorities by letter dated

4.2.2022 reported to the court that taking note of the

Prison Rules, the accused has already undergone the

sentence imposed and he has been released from the

Prison as per the Prison Rules. The fine amount is also paid

by the accused on 18.6.2021 through receipt bearing

No.1073677. As such, taking note of the above fact, the

appeal is only academic in nature and nothing survives for

consideration.

2. Sri Siddaling Patil, learned counsel submits

that since the accused has already undergone the sentence

and paid the fine amount, appeal may be disposed of.

3. Placing his submission on record, the Appeal is

disposed of as having become infructuous.

Sd/-

JUDGE

PL*