Raghavendra vs State Of Karnataka
2023 Latest Caselaw 3099 Kant

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                                                      NC: 2023:KHC:19915
                                                            CRL.A No. 25 of 2012




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 9TH DAY OF JUNE, 2023

                                            BEFORE
                           THE HON'BLE MR JUSTICE K. NATARAJAN
                               CRIMINAL APPEAL NO.25 OF 2012
                  BETWEEN:

                      RAGHAVENDRA
                      AGED 20 YEARS,
                      S/O RAMASHETTY,
                      OCC: PETTY BUSINESS,
                      RESIDING AT NITRE VILLAGE,
                      GUNDLUPET TALUK,
                      CHAMARAJANAGAR DISTRICT.
                                                                     ...APPELLANT

                      (BY SRI RAMULA K., ADVOCATE, FOR SRI P. PRASANNA KUMAR)
                  AND:

                      STATE OF KARNATAKA
                      BY GUNDLUPET POLICE STATION,
                      REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
                      HIGH COURT BUILDING,
Digitally signed by   BENGALURU - 560 001.
LAKSHMINARAYANA                                                ...RESPONDENT
MURTHY RAJASHRI
Location: HIGH
COURT OF              (BY SRI S. VISHWA MURTHY, H.C.G.P.)
KARNATAKA

                                              ***

                        THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF
                  CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
                  CONVICTION AND SENTENCE DATED 13-10-2011 PASSED BY THE
                  DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR, IN S.C.
                  NO.34/2010 CONVICTING THE APPELLANT/ACCUSED FOR THE
                  OFFENCES PUNISHABLE UNDER SECTIONS 342, 506, 376 AND 306
                  OF IPC.

                        THIS CRIMINAL APPEAL IS COMING ON FOR FINAL HEARING,
                  THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                   NC: 2023:KHC:19915
                                       CRL.A No. 25 of 2012




                      JUDGMENT

This appeal is filed by the appellant/accused under

Section 374(2) of the Code of Criminal Procedure, 1973,

for setting aside the judgment of conviction and order on

sentence dated 13-10-2011 passed by the District and

Sessions Judge, Chamarajanagar (for brevity, 'trial Court')

in Sessions Case No.34 of 2010. The trial Court sentenced

the appellant to undergo rigorous imprisonment for a

period of one year with fine of Rs.1,000/- for the offence

punishable under Section 342 of the Indian Penal Code,

1860 (for brevity, 'IPC'), rigorous imprisonment for a

period of three years with fine of Rs.2,000/- for the

offence punishable under Section 506 of the IPC, rigorous

imprisonment for a period of nine years with fine of

Rs.25,000/- for the offences punishable under Sections

376 and 306 of the IPC, with default sentences and all the

sentences were ordered to run concurrently.

2. Learned counsel for the appellant submits that

the appellant is not in contact, in spite of issuing notice

and letters to him. In the meanwhile, this Court obtained

NC: 2023:KHC:19915 CRL.A No. 25 of 2012

information from the Member Secretary, Karnataka State

Legal Services Authority, whereby, the appellant has

already undergo the sentences imposed by the trial Court

and he is released from the jail on 2-11-2018 and the Jail

Authorities have given remission for 470 days.

3. Learned High Court Government Pleader for the

respondent-State submits that the appeal has become

infructuous and the appellant's counsel also does not press

the matter.

4. On perusal of the judgment of the trial Court, the

trial Court held guilty and convicted the appellant by

examining fourteen witnesses; fourteen documents and

eleven material objects, whereby, the appellant is said to

have committed sexual assault on the deceased, due to

which, she committed suicide. The accused was arrested

on 23-1-2010 and since then, he was in custody. The

appeal came to be filed in the year 2012. Earlier Bench

heard the matter and released the matter from part-

heard. Post that, the appeal is not at all listed before the

NC: 2023:KHC:19915 CRL.A No. 25 of 2012

Court. When the matter is listed today, it is noticed that

the appellant already undergone the sentences.

Therefore, considering the facts and circumstances of the

case, I am of the view that even on merits, there is no

case for the appellant, as he has already served the

sentences.

In view of the fact that the appellant has already

undergone the sentences imposed by the trial Court, the

appeal is dismissed as not pressed.

Sd/-

JUDGE

KVK