The State Of Karnataka vs Kumar
2024 Latest Caselaw 9851 Kant

Karnataka High Court

The State Of Karnataka vs Kumar on 4 April, 2024

                                             -1-
                                                    CRL.A No. 800 of 2021
                                                       NC: 2024:KHC:13825




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF APRIL, 2024

                                           BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.800 OF 2021
                   BETWEEN:

                      THE STATE OF KARNATAKA
                      BY CHAMARAJANAGARA POLICE STATION,
                      REPRESENTED BY STATE
                      PUBLIC PROSECUTOR,
                      HIGH COURT BUILDING,
                      BENGALURU - 560 001
                                                             ...APPELLANT
                   (BY SMT. WAHEEDA M M, HCGP)

                   AND:

                      KUMAR
                      S/O MADAPPA,
                      AGED ABOUT 22 YEARS,
                      R/O 1ST UPPARA STREET,
                      SHANKARAPURA EXTENSION,
                      CHAMARAJANAGARA TOWN - 571 313
Digitally signed                                           ...RESPONDENT
by MADHURI S
Location: High     (RESPONDENT - SERVED)
Court of
Karnataka               THIS CRL.A IS FILED UNDER SECTION 378(1)(3) OF
                   CR.P.C PRAYING TO a) SET ASIDE THE AFORESAID IMPUGNED
                   JUDGMENT AND ORDER OF ACQUITTAL DATED 10.08.2020
                   PASSED BY THE LEARNED PRL. DISTRICT AND SESSIONS
                   JUDGE, CHAMARAJANAGARA IN SPECIAL CASE NO.275/2018,
                   THEREBY ACQUITTING THE RESPONDENT / ACCUSED FOR THE
                   OFFENCES PUNISHABLE UNDER SECTIONS 354(A) AND
                   SECTION AND SECTION 12 OF POCSO ACT; b) CONVICT AND
                   SENTENCE THE RESPONDENT / ACCUSED FOR THE OFFENCES
                   PUNISHABLE UNDER SECTIONS 354(A) OF IPC AND SECTION
                   AND SECTION 12 OF POCSO ACT, IN THE INTEREST OF
                   JUSTICE AND EQUITY.
                                 -2-
                                            CRL.A No. 800 of 2021
                                               NC: 2024:KHC:13825




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

                           JUDGMENT

Bailable warrant issued against respondent/accused

is returned unexecuted with an endorsement "respondent

has expired on 31.01.2024". The post mortem report is

also produced.

Since this appeal is filed by the complainant against

the acquittal of the respondent/accused, on the death of

the respondent/accused, appeal abates.

The Registry is directed to send back the trial Court

Records along with copy of this order.

In view of dismissal of appeal, all pending

application/s, if any, stand disposed of, since no further

order is required.

Sd/-

JUDGE

MDS