Kutaboddin vs The State Of Karnataka
2023 Latest Caselaw 8781 Kant

Karnataka High Court

Kutaboddin vs The State Of Karnataka on 28 November, 2023

Author: R.Devdas

Bench: R.Devdas

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                                                    NC: 2023:KHC-K:8872-DB
                                                       CRL.A No. 200064 of 2020




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                          DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                              PRESENT

                                THE HON'BLE MR. JUSTICE R.DEVDAS
                                                AND
                                 THE HON'BLE MR. JUSTICE C M JOSHI

                             CRIMINAL APPEAL NO. 200064 OF 2020 (374)

                      BETWEEN:

                      KUTABODDIN S/O SHAHABODDIN MULLA
                      AGE:60 YEARS,OCC: AGRICULTURE,
                      R/O KOLKUR VILLAGE,
                      TQ: JEWARGI, DIST:KALABURAGI.
                                                                   ...APPELLANT
                      (BY SRI. ISHWARAJ S.CHOWDAPUR, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA
Digitally signed by   REPRESENTED BY ADDL.
RAMESH
MATHAPATI             STATE PUBLIC PROSECUTOR,
Location: High        HIGH COURT OF KARNATAKA,
Court of
Karnataka             KALABURAGI BENCH - 585 103.
                                                                 ...RESPONDENT
                      (BY SRI. SIDDALING PATIL, ADDL. SPP)

                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374
                      (2) OF CR.P.C PRAYING THAT THIS HON'BLE COURT TO CALL
                      FOR THE RECORDS IN SPL. CASE POSCO NO.49/2018 PASSED
                      BY II ADDL. SESSIONS JUDGE KALABURAGI, PERUSE THE
                      SAME AND SET ASIDE THE ORDER OF CONVICTION PASSED
                      UNDER SECTION 376(2) (N) R/W.109 OF IPC, R/W SECTION 17
                      OF POCSO ACT AND SEC.366 (A) 109 OF IPC ACT R/W. ACT
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                                   NC: 2023:KHC-K:8872-DB
                                        CRL.A No. 200064 of 2020




SECTION 17 OF POCSO ACT DATED:16.01.2020 AND ACQUIT
THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
R.DEVDAS J., DELIVERED THE FOLLOWING:

                         JUDGMENT

R.DEVDAS J., (ORAL);

We had noticed on the previous occasion that the

death of the appellant-accused, convicted person has been

reported. Today, learned counsel for appellant has

furnished a copy of the Death Certificate along with a

memo. The appellant is said to have died on

11th September 2023 in his native place Kolkur Village,

Jewargi Taluk, Kalaburagi District. However, we had also

noticed that in the impugned judgment, a fine amount of

Rs.50,000/- has been levied as payment of compensation

to the victim.

2. Learned counsel for the appellant submits that

the appellant has left behind only one legal heir, who is

none other than the son of the accused, who is also a

co-accused in this case. However, the appeal filed by the

NC: 2023:KHC-K:8872-DB

son is pending consideration before the learned Single

Judge.

3. In that view of the matter, we dispose of this

appeal with the direction that the aspect of the levying of

fine amount as against the appellant herein shall also be

brought to the notice of the learned Single Judge.

Depending on the out come of the appeal filed at the

hands of the son of the appellant herein, the learned

Single Judge may pass appropriate orders in respect of the

fine amount levied against the appellant herein.

Office is directed to place a copy of this order before

the learned Single Judge in Crl.A.No.200327/2023.

Sd/-

JUDGE

Sd/-

JUDGE tsn*