Ravi Singh vs State Of Uttarakhand

Sanjaya Kumar Mishra, J

Heard Mr. J.S. Virk, learned Deputy Advocate General for the State. None appears for the appellant.

On 31.12.2021, this Court had called for a report whether the appellant has been released after serving his sentence? The Senior Superintendent, District Jail, Haridwar has intimated that the appellant has been released on 01.02.2019 after completion of his sentence.

The appellant has been convicted for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and was sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs. 5,000/-.

Though the completion of sentence does not render the criminal appeal infructuous, but neither the appellant, nor his counsel, is coming forward to prosecute the criminal appeal. It is seen that on the last date also the counsel for the appellant was not present. On previous dates also, the counsel for the appellant was found to be absent.

Furthermore, this Court has carefully examined the impugned judgment and it is found that the prosecutrix, a minor child below 12 years, has supported the case of the prosecution, and believing her version to be true, the Special POCSO Judge, Udham Singh Nagar at Rudrapur had convicted the appellant for the offence punishable under Section 8 of Protection of Children from Sexual Offences Act, 2012, and sentenced him accordingly. However, the appellant was acquitted of the offences punishable under Section 376 and 511 of the Indian Penal Code, 1860.

There appears to be no reasonable ground, on scrutiny of the record, to interfere with the judgment of conviction and order of sentence passed by the court below. Hence, the appeal is hereby dismissed.