State Of Karnataka vs Sri Guruswamy
2022 Latest Caselaw 2087 Kant

                              1




   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 09TH DAY OF FEBRUARY, 2022

                        PRESENT

        THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                            AND

           THE HON'BLE MR. JUSTICE P.N.DESAI

           CRIMINAL APPEAL NO.915/2017
BETWEEN:

STATE OF KARNATAKA
BY BEECHANAHALLI POLICE STATION,
REP. BY SPP HIGH COURT BUILDING,
BANGALORE - 560 001
                                           ... APPELLANT
(BY SRI. RAHUL RAI K, HCGP)

AND:

SRI. GURUSWAMY
S/O. LATE NAGAPPACHAR,
AGED ABOUT 67 YEARS,
R/O. N. BELTHUR VILLAGE,
H.D.KOTE TALUK
MYSURU DISTRICT - 571 114
                                         ... RESPONDENT
(BY SRI. S.R HEMANTH KUMAR, ADV)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)
& (3) CR.P.C PRAYING TO GRANT LEAVE TO APPEAL AGAINST
THE JUDGMENT AND ORDER OF ACQUITTAL DATED 10.11.2016
PASSED BY THE VI ADDITIONAL DISTRICT AND SPECIAL
JUDGE, MYSURU IN S.C.NO.127/2015 - ACQUITTING THE
RESPONDENT FOR THE OFFENCE P/U/S 366, 376(2)(i) OF IPC
AND U/S 4 OF POCSO ACT, 2012.

      THIS CRIMINAL APPEAL COMING ON FOR HEARING THIS
DAY, K.SOMASHEKAR. J., DELIVERED THE FOLLOWING:
                                 2




                          JUDGMENT

Learned HCGP for appellant/State is present before

the court physically.

2. Whereas, learned counsel Sri. S.R. Hemanth

Kumar, for respondent/accused appearing through video

conferencing and submitted that respondent/accused

namely, Guruswamy S/o. Late Nagappachar, aged about

67 years died about two years back. This submission

made by learned counsel is placed on record.

3. However, the counsel for respondent/accused

in this matter requires to produce death certificate of

respondent/accused for the purpose of reference and also

to proceed further in accordance with relevant provision of

Section 394(2) Cr.P.C.

4. It is necessary to state that Guruswamy S/o.

late Nagappachar aged about 67 years resident of

H.D.Kote Taluk, Mysuru district, was facing trial in

S.C.No.127/2015 before the trial court for the offence

under Sections 366, 376(2)(i) of IPC, 1860 besides Section

4 of POCSO Act, 2012. However, the trial court after

having gone through the entire evidence of PWs.1 to 11

inclusive of document at Exs.P1 to P16 as well as M.Os.1 to

3 which were marked on behalf of prosecution acquitted

the accused vide order dated 10.11.2016. But

respondent/accused namely Guruswamy S/o. late

Nagappachar died about two years back during the

pendency of this appeal.

5. Therefore, in view of provisions of Section

394(2) of Cr.P.C., the appeal against respondent/accused

stands abated. Accordingly, made an observation.

However, counsel for respondent/accused who is appearing

through video conferencing is directed to produce death

certificate of respondent - Guruswamy who is arraigned as

accused before trial court for the purpose of reference.

Accordingly, appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

HJ