Babuja @ Wajeed Pasha vs State By Robertson Pet P S
2023 Latest Caselaw 3975 Kant

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                                                        NC: 2023:KHC:22878
                                                        CRL.A No. 1821 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF JULY, 2023

                                            BEFORE
                             THE HON'BLE MR JUSTICE K.NATARAJAN
                              CRIMINAL APPEAL NO. 1821 OF 2017
                   BETWEEN:

                   BABUJA @ WAJEED PASHA,
                   S/O. ANWAR PASHA,
                   AGED ABOUT 24 YEARS,
                   RESIDING AT NO.4,
                   KENNADY'S 2ND GOSHALINE,
                   OORGAUM, K.G.F - 563 122.
                                                                 ...APPELLANT
                   (BY SRI. JAICHANDRA, ADVOCATE FOR
                       SRI. N. K. AMEENULLA, ADVOCATE)

                   AND:

                   1.    STATE BY ROBERTSON PET P.S.,
                         REPRESENTED BY
Digitally signed         STATE PUBLIC PROSECUTOR,
by C SOWMYA
                         HIGH COURT BUILDING,
Location: High
Court of                 BANGALORE - 560 001.
Karnataka
                   2.    SONIYA A.,
                         D/O ANNADURAI,
                         AGED ABOUT 21 YEARS,
                         R/AT SRIRAMNAGAR,
                         URGAM PET, ROBERTSONPET,
                         K.G.F.
                                                               ...RESPONDENTS
                   (BY SRI. S. VISHWA MURTHY, HCGP FOR R1;
                       R-2 DISCHARGED
                       VIDE ORDER DATED:19.01.2021)
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                                             NC: 2023:KHC:22878
                                             CRL.A No. 1821 of 2017




     THIS CRL.A. IS FILED UNDER SECTION 374(2) OF CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT DATED 12.10.2017
PASSED BY THE II ADDITIONAL SESSIONS JUDGE, KOLAR IN
S.C.NO.113/2014 - CONVICTING THE APPELLANT/ACCUSED
FOR THE OFFENCE P/U/S 363 AND 376 OF IPC AND SEC. 4 OF
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND
SEC. 3(2)(v) OF SC/ST (PREVETION OF ATROCITIES) ACT.

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


                             JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission to withdraw the appeal on the ground that

the appellant has undergone sentence and has already released

from the jail.

Learned counsel for the appellant submits that the

appellant has already released from the jail and he is not

interested in prosecuting the appeal.

The memo and submission of the learned counsel for the

appellant are placed on record.

In view of the above, the appellant has already

undergone sentence and released from the jail. As per the

NC: 2023:KHC:22878 CRL.A No. 1821 of 2017

submission of the learned counsel for the appellant, the appeal

is dismissed as having become infructuous.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

SMC