Chudasma Dhanlalsing Laldevsinh vs State of Gujarat

Z.K. Saiyed, J.—The Appellant has preferred this Appeal u/s 374(1) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 30th October 2004 passed by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court No. 7, Morbi, in Sessions Case No. 24 of 2004, whereby the Appellant was convicted under Sections 376 of the Indian Penal Code and ordered to undergo seven years rigorous imprisonment and fine of Rs. 05,000/-, and default of payment of fine, ordered to undergo simple imprisonment for a further period of six months. The Appellant was also convicted u/s 506(2) of the Indian Penal Code and ordered to undergo one year rigorous imprisonment and fine of Rs. 500/-, and default of payment of fine, ordered to undergo simple imprisonment for a further period of one month.

I have gone through the Board remarks. Board shows that this matter is listed 11 times on final hearing Board. Today when the matter is called out, neither the learned Counsel for the Appellant nor the Appellant is present before the Court.

Mr. Parikh has produced on record Jail Report, which shows that the Appellant has already been released from jail on 14th December 2009 as he has undergone the sentence imposed upon him.

I have perused the papers produced before as well as Jail Report produced by Mr. H.H. Parikh, learned Additional Public Prosecutor.

Looking to the papers and Jail Report produced on record, I am of the opinion that no interference is required to be called for when the Appellant has already been released from jail. Hence, in view of Jail Report produced on record by Mr.Parikh, learned Additional Public Prosecutor, present appeal is disposed of as having become infructuous. Record and Proceedings, if any, be sent back to the concerned trial Court, forthwith.