Criminal Appeal was dismissed as withdrawn by the appellants after filing memos indicating withdrawal in the interest of justice, without any substantive hearing or reasoning from the court.
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- 1 - NC: 2023:KHC:30140 CRL.A No. 497 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 497 OF 2017
BETWEEN:
S/O LATE AYYAPPA SWAMY AGED ABOUT 24 YEARS OCC:COOLIE WORK R/O 1ST CROSS, MANJUNATHA EXTENSION SHIVAMOGGA - 577 201.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SMT. NAYANASHREE Y, FOR SRI H JAGADEESHA, ADVOCATE FOR A-1 SRI SUBRAMANI M, ADVOCATE FOR SRI NATARAJ D, ADVOCATE FOR No.2)
AND:
THE STATE OF KARNATAKA BY MAHILA POLICE STATION SHIVAMOGGA -577 201. (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU -560 001)
…RESPONDENT
(BY SRI RANGASWAMY R, HCGP)
THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED:23.1.2017 PASSED BY THE I ADDITIONAL SESSIONS JUDGE AND SPECIAL JUDGE, SHIVAMOGGA IN S.C.NO.4/2016 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 4 AND 6 OF POCSO ACT.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
“The appellant submits before this Hon’ble Court that, pleased to permit to withdraw the above said case as not pressed as the conviction period of the appellant is completed, in the ends of justice.”
“The undersigned counsel appear on behalf of the Appellant No.2 herewith submits that the Appellant No.2 has filed this Appeal challenging the conviction judgment dated:23/01/2017 passed by the 1st Additional Sessions Judge at Shivamogga. The trial court has sentenced him to undergo imprisonment for ten years and shall pay fine of Rs.25,000/-. The Appellant is in judicial custody since from the date of arrest i.e. 01/12/2015, the conviction period of
10 years is yet to be complete with remission. Hence the Appellant intent to not to challenge the conviction judgment and willing to withdraw the Appeal filed by him. Wherefore kindly dismiss the Appeal as withdrawn in the interest of justice and equity.”
appellant Nos.1 and 2, the appeal is dismissed as withdrawn .
Sd/JUDGE
GH
List No.: 1 Sl No.: 33
Elumalai
Palani
The State of Karnataka
Shivashankar Amarannavar
As recorded by the court registry
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