CHETANKUMAR Vs. STATE

JUDGEMENT

(1.) Learned counsel for the appellant has already filed a memo along with the death certificate reporting the death of the appellant in the jail at Dharwad on 26/1/2020, three and a half years ago.

(2.) The appellant has been found guilty and convicted by the II Additional District and Sessions Judge, Chitradurga, in Spl.Case.No.1/2016 by judgment dtd. 23/1/2017 by sentence to undergo 10 years imprisonment and a fine of Rs.30,000.00 for the offence punishable under Sec. 376 of the IPC and Sec. 4 and 6 of the POCSO Act and three years imprisonment and a fine of Rs.5,000.00 for the offence punishable under Sec. 506 of the IPC.

(3.) The appellant died during the pendency of the appeal as per the Sec. 394(2) of Cr.P.C., the sentence in respect of jail term will abate and not the fine amount. The proviso under Sec. 394(2) of Cr.P.C., reads as under: