Venugopala vs State By Mahila Police
2023 Latest Caselaw 4018 Kant

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                                                         NC: 2023:KHC:23215
                                                          CRL.A No. 1659 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 5TH DAY OF JULY, 2023

                                                BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                  CRIMINAL APPEAL NO. 1659 OF 2016
                      BETWEEN:

                      1.   VENUGOPALA
                           S/O KRISHNAPPA,
                           AGED ABOUT 37 YEARS,
                           R/O NEW MANDLI,
                           NEAR AUTO STAND, MAIN ROAD,
                           SHIVAMOGA - 577 412.
                                                                      ...APPELLANT
                      (BY SRI. SAMEER S.N., ADVOCATE)
                      AND:

                      1.   STATE BY MAHILA POLICE
                           SHIVAMOGGA
                           REPRESENTED BY THE
                           STATE PUBLIC PROSECUTOR
                           HIGH COURT
                           BENGALURU.
                                                                    ...RESPONDENT
                      (BY SRI. S. VISHWA MURTHY, HCGP)
Digitally signed by
VEDAVATHI A K               THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF
Location: High
Court of Karnataka    CR.P.C. BY THE ADVOCATE FOR THE APPELLANT/ACCUSED PRAYING
                      THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
                      JUDGMENT OF CONVICTION DATED 27.06.2016 AND SENTENCE
                      DATED 29.06.2016 PASSED BY THE I ADDL. S.J., SHIVAMOGGA IN
                      S.C.NO.109/2013 - CONVICTING THE APPELLANT/ACCUSED FOR THE
                      OFFENCE PUNISHABLE UNDER SECTION 5(m) AND 6 OF POCSO ACT
                      ETC.

                           THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
                      THE COURT DELIVERED THE FOLLOWING:
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                                       NC: 2023:KHC:23215
                                        CRL.A No. 1659 of 2016




                          JUDGMENT

Learned counsel for appellant remained absent.

2. Learned HCGP was directed to verify whether the

appellant is still in custody or already released from the jail by

serving the sentence.

3. Accordingly learned HCGP submits that the appellant

has already undergone sentence of 10 years and deposited the

fine amount of Rs.50,000/- (Rupees Fifty Thousand only) and

has been released from jail on 14.10.2022.

4. This appeal is filed by the appellant for setting aside

the judgment of conviction and sentence passed by the I

Additional Sessions Judge, Shivamogga in S.C.No.109/2013

dated 27.06.2016. Hence, the judgment was delivered in 2016

by imposing sentence of 10 years and fine. The appellant was

in jail for two years during the course of trial. Subsequently

after the judgment he was in jail from 03.07.2016 to

14.10.2022. The appellant has already undergone sentence of

10 years.

NC: 2023:KHC:23215 CRL.A No. 1659 of 2016

5. The appellant counsel also remained absent.

Therefore, since the appellant has already undergone sentence

and released from the jail, such begin the case, the appeal

becomes infructuous and nothing survives for any

consideration.

Accordingly, the appeal is dismissed for having

become infructuous.

Sd/-

JUDGE

AKV