Karthik @ Rahul vs The State
2023 Latest Caselaw 1428 Kant

                                              -1-
                                                       CRL.A No. 63 of 2012




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF FEBRUARY, 2023

                                             BEFORE
                   THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL APPEAL NO. 63 OF 2012
                   BETWEEN:

                      KARTHIK @ RAHUL
                      S/O MANOHAR
                      AGED ABOUT 19 YEARS
                      R/A NO.16, 7TH CROSS
                      2ND MAIN ROAD
                      2ND STAGE HALASOORU
                      BANGALORE - 560 008.
Digitally signed
by SANDHYA S                                                     ...APPELLANT
Location: HIGH
COURT OF           (BY SRI N GHOPAL, ADVOCATE)
KARNATAKA
                   AND:

                      THE STATE
                      REPRESENTED BY THE
                      ULSOOR POLICE STATION
                      BANGALORE DISTRICT
                      BY STATE PUBLIC PROSECUTOR.
                                                           ...RESPONDENT

                   (BY SRI S VISWAMURHTY, HCGP)

                        THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET
                   ASIDE THE ORDER DATED 07.01.2012 PASSED BY THE XLV
                   ADDL.CITY CIVIL AND SESSIONS JUDGE BANGALORE IN
                   S.C.NO.1433/10 - CONVICTING THE APPELLANT/ACCUSED FOR
                   THE OFFENCE P/U/S 376 OF IPC AND ETC.,

                       THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                  -2-
                                            CRL.A No. 63 of 2012




                            JUDGMENT

This appeal is filed by the appellant - accused

challenging the judgment of conviction and order of

sentence dated 07.01.2012 passed by XLV Additional City

Civil and Sessions Judge, Bengaluru (CCH 46) whereunder

the appellant - accused has been convicted for the offence

under Section 376 of IPC and sentenced to undergo rigorous

imprisonment for a period of seven years and to pay fine of

Rs.2,000/- and in default to undergo rigorous imprisonment

for a period of six months.

2. During pendency of this appeal this Court by order

dated 06.02.2023 had directed Registrar (Judicial) to secure

information from the concerned jail authority as to whether

the appellant - accused has completed his term or not.

Registrar (Judicial) has received a letter from the

Superintendent, Central Prison, Dharwad dated 17.02.2023

whereunder it is intimated that this appellant - accused -

Karthik @ Rahul son of Manohar has completed his sentence

CRL.A No. 63 of 2012

of imprisonment and he has paid the fine of Rs.2,000/- on

08.08.2016 and he has been released on 09.08.2016.

3. Learned counsel for the appellant - accused submits

that in view of appellant - accused completing his sentence

and payment of fine, he does not intend to prosecute this

appeal.

4. In view of the appellant - accused completing the

term of sentence, the appeal is disposed off.

Sd/-

JUDGE

LRS