Elumalai vs The State Of Karnataka
2023 Latest Caselaw 5911 Kant

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                                                            NC: 2023:KHC:30140
                                                        CRL.A No. 497 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 23RD DAY OF AUGUST, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 497 OF 2017
                      BETWEEN:

                      1.   ELUMALAI
                           S/O LATE AYYAPPA SWAMY
                           AGED ABOUT 24 YEARS
                           OCC:COOLIE WORK
                           R/O 1ST CROSS,
                           MANJUNATHA EXTENSION
                           SHIVAMOGGA - 577 201.

                      2.   PALANI
                           S/O MANJAPPA
                           AGED ABOUT 20 YEARS
                           OCC:COOLIE WORK
Digitally signed by
                           R/O 2ND CROSS
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
                           MANJUNATHA EXTENSION
COURT OF
KARNATAKA                  SHIVAMOGGA - 577 201.
                                                              ...APPELLANTS
                      (BY SMT. NAYANASHREE Y, FOR
                       SRI H JAGADEESHA, ADVOCATE FOR A-1
                       SRI SUBRAMANI M, ADVOCATE FOR
                       SRI NATARAJ D, ADVOCATE FOR No.2)

                      AND:

                          THE STATE OF KARNATAKA
                          BY MAHILA POLICE STATION
                          SHIVAMOGGA -577 201.
                          (REPRESENTED BY STATE PUBLIC PROSECUTOR
                          HIGH COURT BUILDINGS, BENGALURU -560 001)
                                                             ...RESPONDENT
                      (BY SRI RANGASWAMY R, HCGP)
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                                               NC: 2023:KHC:30140
                                           CRL.A No. 497 of 2017




     THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND
SENTENCE DATED:23.1.2017 PASSED BY THE I ADDITIONAL
SESSIONS JUDGE AND SPECIAL JUDGE, SHIVAMOGGA IN
S.C.NO.4/2016 - CONVICTING THE APPELLANTS/ACCUSED FOR
THE OFFENCE P/U/S 4 AND 6 OF POCSO ACT.

    THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

1. Learned counsel for appellant No.1 files a memo. The

memo reads thus;

"The appellant submits before this Hon'ble Court that, pleased to permit to withdraw the above said case as not pressed as the conviction period of the appellant is completed, in the ends of justice."

2. Learned counsel for appellant No.2 files a withdrawal

memo. The said memo reads thus;

"The undersigned counsel appear on behalf of the Appellant No.2 herewith submits that the Appellant No.2 has filed this Appeal challenging the conviction judgment dated:23/01/2017 passed by the 1st Additional Sessions Judge at Shivamogga. The trial court has sentenced him to undergo imprisonment for ten years and shall pay fine of Rs.25,000/-. The Appellant is in judicial custody since from the date of arrest i.e. 01/12/2015, the conviction period of

NC: 2023:KHC:30140 CRL.A No. 497 of 2017

10 years is yet to be complete with remission. Hence the Appellant intent to not to challenge the conviction judgment and willing to withdraw the Appeal filed by him. Wherefore kindly dismiss the Appeal as withdrawn in the interest of justice and equity."

3. In view of the memos filed by learned counsel for

appellant Nos.1 and 2, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

GH