CRLA/300/2015
2022 Latest Caselaw 297 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL


       SRI SANJAYA KUMAR MISHRA, ACTING CHIEF JUSTICE


                   CRIMINAL APPEAL NO. 300 OF 2015

                            18th FEBRUARY, 2022


 Between:

 Ravi Singh                                   ......        Appellant

 and

 State of Uttarakhand                         ......        Respondent


Counsel for the appellant         :    None present for the appellant


Counsel for respondent            :    Mr. J.S. Virk, learned Deputy
                                       Advocate General for the State



 Upon hearing the learned Counsel, the Court made
 the following


 JUDGMENT:

Heard Mr. J.S. Virk, learned Deputy Advocate

General for the State. None appears for the appellant.

2. On 31.12.2021, this Court had called for a

report whether the appellant has been released after

serving his sentence? The Senior Superintendent,

District Jail, Haridwar has intimated that the appellant

has been released on 01.02.2019 after completion of his

sentence.

3. The appellant has been convicted for the

offence punishable under Section 8 of the Protection of

Children from Sexual Offences Act, 2012 and was

sentenced to undergo rigorous imprisonment for a period

of five years along with a fine of Rs. 5,000/-.

4. Though the completion of sentence does not

render the criminal appeal infructuous, but neither the

appellant, nor his counsel, is coming forward to

prosecute the criminal appeal. It is seen that on the last

date also the counsel for the appellant was not present.

On previous dates also, the counsel for the appellant

was found to be absent.

5. Furthermore, this Court has carefully

examined the impugned judgment and it is found that

the prosecutrix, a minor child below 12 years, has

supported the case of the prosecution, and believing her

version to be true, the Special POCSO Judge, Udham

Singh Nagar at Rudrapur had convicted the appellant for

the offence punishable under Section 8 of Protection of

Children from Sexual Offences Act, 2012, and sentenced

him accordingly. However, the appellant was acquitted

of the offences punishable under Section 376 and 511 of

the Indian Penal Code, 1860.

6. There appears to be no reasonable ground, on

scrutiny of the record, to interfere with the judgment of

conviction and order of sentence passed by the court

below. Hence, the appeal is hereby dismissed.

(Sanjaya Kumar Mishra) Acting Chief Justice

Dt: 18th FEBRUARY, 2022 Negi