Krishna vs The State Of Karnataka
2023 Latest Caselaw 3853 Kant

                                       -1-
                                              NC: 2023:KHC:22603
                                               CRL.A No. 1754 of 2016




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 30TH DAY OF JUNE, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE K.NATARAJAN
                       CRIMINAL APPEAL NO.1754 OF 2016
            BETWEEN:

            KRISHNA
            S/O SWAMY KANNAN,
            AGED ABOUT 25 YEARS,
            R/AT NO. 5, 5TH MAIN,
            6TH CROSS, BIKASIPURA,
            BANGALORE CITY-560001
                                                         ...APPELLANT

            (BY SRI. M.SHARASS CHANDRA, ADVOCATE)

            AND:

            THE STATE OF KARNATAKA
Digitally
signed by   BY KUMARASWAMY LAYOUT POLICE STATION,
REKHA R
Location:   BANGALORE
HIGH
COURT OF
KARNATAKA   REP BY SPECIAL PUBLIC PROSECUTOR
            HIGH COURT COMPLEX BUILDING,
            HIGH COURT OF KARNATAKA,
            BANGALORE-560001
                                                       ...RESPONDENT

            (BY SRI. S.VISHWA MURTHY, HCGP)
                             -2-
                                   NC: 2023:KHC:22603
                                    CRL.A No. 1754 of 2016




     THE CRL.A. IS FILED U/S.374(2) CR.P.C., PRAYING TO

SET ASIDE THE JUDGMENT AND ORDER DATED 23.09.2016

AND SENTENCE DATED 26.09.2016 PASSED BY THE LIII ADDL.

CITY CIVIL AND S.J., BANGALORE IN SPL.C.C.NO.80/2015 -

CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE

P/U/S 9(m) R/W 10 OF POCSO ACT, 2012.


     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

This appeal is filed by the appellant/accused under

Section 374(2) of the Code of Criminal Procedure for

setting aside the judgment of conviction and sentence

dated 23.09.2016 passed by the LIII Addl. City Civil and

Sessions Judge, Bangalore, in Special C.C.No.80/2015 for

having convicted and sentenced the appellant to undergo

imprisonment for five years and fine of Rs.2,000/- in

default of payment of fine, he shall undergo further Simple

Imprisonment for 8 months for the offence punishable

under Section 9(m) r/w 10 of POCSO Act, 2012.

NC: 2023:KHC:22603 CRL.A No. 1754 of 2016

2. Heard the learned counsel for the appellant and

learned HCGP for the respondent-State.

3. The case of the prosecution is that the appellant is

said to have sexually assaulted the victim child/CW.4,

when she came to the building construction work at

Kumaraswamy Layout. The said accused is said to have

assaulted the victim girl. The Police apprehended the

accused, registered the case and filed charge sheet for the

offence punishable under Section 354A of IPC and Section

9(m) r/w Section 10 of POCSO Act, 2012.

4. The trial Court after trial found the accused guilty of

the offence and convicted him for five years with fine of

Rs.2,000/- in case of default to pay the fine amount, he

shall undergo Simple Imprisonment of another eight

months. The aggrieved appellant is before this Court in

this appeal.

5. Learned counsel for the appellant submits that the

accused was in custody even prior to the trial and after

NC: 2023:KHC:22603 CRL.A No. 1754 of 2016

trial he has undergone sentence of more than five years

and now he is released from jail on 15.07.2021.

6. Learned HCGP for the respondent/state submits that

appellant has already undergone more than five years

imprisonment and has been released from jail on

15.07.2021. The records also reveals that the accused

was imposed sentence of five years, and the application

for suspension of sentence was rejected by this Court and

is pending for more than seven years with this Court.

7. The appellant's counsel is present and submits that

seven witnesses were examined in the proceedings held by

the trial Court with the help of the evidence of the victim

PW.6. Considering the facts and circumstances of the

case, the evidence on record revels that the trial court has

rightly found the appellant guilty for the charges leveled

against him and no need to interfere and as the that

appellant/accused has already undergone sentence

imposed by the trial Court and has been released from Jail

two years back, I am of the view, even if merits of the

NC: 2023:KHC:22603 CRL.A No. 1754 of 2016

case is gone into, no purpose will be served. Hence I pass

the following :-

ORDER

The appeal is dismissed.

Sd/-

JUDGE