The Court held that the criminal appeal filed by the accused is infructuous as he had already served his sentence and was released before the hearing, dismissing the appeal accordingly.
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HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL APPEAL No.150 OF 2009
JUDGMENT :
This Criminal Appeal, under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is filed by the accused challenging the judgment dated 23-12-2008 passed in Sessions Case No.303 of 2007 by the Assistant Sessions Judge at Kamareddy, Nizamabad district (for short, 'the trial Court'), whereby the accused was convicted under Section 235(2) of the Cr.P.C and sentenced to suffer rigorous imprisonment for a period of ten years and also to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for one year, for the offence under Section 376 of the Indian Penal Code, 1860 (for short, 'I.P.C.').
During the course of argument, Dr.K.Satyanarayana Rao, learned counsel for the appellant/accused, has brought to the notice of this Court that the accused has undergone the required sentence of imprisonment and got released on 15.07.2015 and there is nothing to adjudicate in this matter.
Recording the said submission, the Criminal Appeal is dismissed as infructuous.
In consequence, miscellaneous petitions, if any, pending in this Appeal, shall also stand dismissed.
__________________________ Dr. SHAMEEM AKTHER, J
Date: 04-12-2017. DSH
2
HON'BLE Dr. JUSTICE SHAMEEM AKTHER
126
05122017
CRIMINAL APPEAL No.150 OF 2009
Date. 04-12-2017
DSH
Accused/Appealant
State
Shameem Akther
As recorded by the court registry
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