RAJA, S/O RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) There has been delay of 1273 of days in filing the appeal. The appellant was accused No. 4 in S. C. No. 2/2006 before the Fast Track (Sessions) Judge-V, Bangalore City. He was tried for the offence punishable under Section 395 read with Section 397 of I. P. C. along with six other accused persons.

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(3.) After the trial, the learned Sessions Judge found that all the accused Nos. 1 to 7 guilty of the offence punishable under Section 395 read with Section 397 of I. P. C. and sentenced each of them to undergo R. I. for seven years and to pay a fine of Rs. 5,000/- for the said offence. The benefit of Section 428 of Cr. P. C. was also extended in respect of a period of custody already undergone by each of the convicted accused persons. The appellant was arrested and remanded to judicial custody on 05.09.2005, since then he remained in judicial custody till the judgment delivered by the Sessions Court on 18.11.2008 and from that date he has been serving the sentence. Thus, the appellant appears to have already spent seven years in custody from the date of his arrest and remand to judicial custody.