Dismissed

Kumar S/O. Jeevaleppa Rathod v. the State of Karnataka

Karnataka HC4 Jul 2024CRL.A/100115/2022

Case brief

AI extract

What is this about?

Convict under Sections 376(2)(i) IPC and 4 POCSO Act, having served over eight years, wrote to withdraw his criminal appeal against conviction and sentence. The High Court took his letter on record and dismissed the appeal as not pressed.

What did the court decide?

Appeal dismissed as not pressed at appellant's request; interim applications disposed of accordingly.

Kumar S/O. Jeevaleppa Rathod Vs the State of… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC-D:9143 CRL.A No. 100115 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL APPEAL NO. 100115 OF 2022 (C)

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BETWEEN:

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KUMAR S/O. JEEVALEPPA RATHOD, AGE: 32 YEARS, OCC: COOLIE, R/O: NAGARASIKOPPA TANDA, TQ: RON, DIST: GADAG.

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…APPELLANT

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(BY SRI D.V.PATTAR AND SRI ANAND R.KOLLI, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, THROUGH GAJENDRAGAD POLICE STATION.

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DEVENDRAPPA S/O. BHEEMAPPA CHAWAN, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: NAGARASIKOPPA THANDA, TQ: RON, DT: GADAG.

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…RESPONDENTS

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CHANDRASHEKAR LAXMAN KATTIMANI

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HIGH COURT OF KARNATAKA

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(BY SRI PRAVEENA Y.DEVARADDIYAVARA, HCGP FOR R1; R2 – SERVED)

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THIS CRIMINAL APPEAL IS FILED U/S 374 (2) OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT DATED 30.10.2019 AND ORDER OF CONVICTION DATED 04.11.2019 PASSED BY THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG IN S.C.NO.37/2016 SENTENCING RIGOROUS IMPRISONMENT FOR 10 YEARS FOR THE OFFENCES PUNISHABLE U/S 376(2) (I) OF IPC AND 10 YEARS RIGOROUS IMPRISONMENT FOR THE OFFENCE PUNISHABLE U/S 4 OF POCSO ACT AND FINE OF RS.75,000/- FROM WHICH RS.5,000/- IS TO BE PAID TO THE STATE AND RS.70,000/TO THE VICTIM AND IN DEFAULT OF PAYMENT THE CONVICT IS SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR ONE YEAR.

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

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2 - NC: 2024:KHC-D:9143 CRL.A No. 100115 of 2022

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ORDER

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The appellant has written letter to the office of his counsel addressing to the Court to reach the letter to this Court. The averments of the letter states that he has been convicted for the offences punishable under Section 376(2) (i) of IPC and 4 of the POCSO Act.

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The punishment imposed to the appellant by the Trial Court is that, the appellant is sentenced to undergo rigorous imprisonment for 10 years for the offence punishable under Section 376(2) (i) of IPC and further he is sentenced to undergo 10 years rigorous imprisonment for the offence under Section 4 of the POCSO Act. Further, the Trial Court ordered the appellant to pay fine of Rs.75,000/-. Out of the said fine of Rs.75,000/-, Rs.70,000/- is ordered to pay to the victim and Rs.5,000/- to be paid to the State. In default of payment of fine, the convict is sentenced to undergo simple imprisonment for 1 year.

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It is the request of the appellant that since he had already completed 8 years 4 months, he did not want to proceed with the case and he is expected to be released on

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3 - NC: 2024:KHC-D:9143 CRL.A No. 100115 of 2022

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probation of good conduct within two months. Therefore, he seeks to dismiss the appeal as not pressed.

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The learned counsel for the appellant filed a letter along with memo. The same is taken on record. In view of the letter written by the appellant and also submission of the learned counsel for the appellant, the criminal appeal stands dismissed as not pressed and the I.As., if any, stands disposed of accordingly.

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Sd/JUDGE

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CLK CT:ANB

Kumar S/O. Jeevaleppa Rathod v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kumar S/O. Jeevaleppa Rathod v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

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