Criminal appeal dismissed as infructuous after appellant spent seven-year sentence. Conviction and purity of trial judgment upheld due to lack of illegality.
Criminal appeal dismissed.
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CRJA No. 38 of 2013
Hon’ble Lok Pal Singh, J.
Ms. Vandna Singh, Amicus Curiae for the appellant.
Mr. Sandeep Tandon, Dy. A.G. with Ms. Shivangi Gangwar and Mr. Lalit Miglani, Brief Holders for the State.
This criminal appeal was preferred by the convict through Superintendent, Sub Jail, Haldwani, Nainital assailing the judgment and order dated 18.10.2013 passed by Additional Sessions Judge, Nainital in Sessions Trial No. 132 of 2013, whereby the appellant was convicted under Section 376 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years alongwith a fine of Rs. 10,000/-. In default of payment of fine, the appellant has to undergo simple imprisonment for a period of two months.
Learned Amicus Curiae would submit that the appellant was never released on bail either during trial or during the pendency of appeal.
Learned Deputy Advocate General makes a statement at bar that a report has been that a report has been received from the Jail Authorities which indicates that the appellant has been released from jail on completion of actual sentence of seven years.
In the above facts and circumstances, this criminal appeal has rendered infructuous.
Even otherwise, I have also perused the impugned judgment and order dated 18.10.2013 passed by the trial Court and have perused the entire record.
Having re-appreciated the entire evidence on record, I do not find any illegality or perversity in the impugned judgment and order. Same is upheld. Criminal jail appeal is accordingly dismissed.
(Lok Pal Singh, J.) 13.06.2019
Mamta
Superintendent, Sub Jail, Haldwani, Nainital (on behalf of appellant)
State
Lok Pal Singh
As recorded by the court registry
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