MADHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant under Sec. 374(2) of Cr.P.C. where the Trial Court found the appellant guilty, convicted and sentenced to undergo imprisonment for seven years and fine of Rs.5,000.00 for the offence punishable under Sec. 376 of IPC and in default, he shall further undergo simple imprisonment for four months and further sentenced to undergo simple imprisonment for three years and fine of Rs.3,000.00 for the offence punishable under Sec. 363 of IPC and in default, he shall undergo simple imprisonment for three months and simple imprisonment for two years and fine of Rs.2,000.00 for the offence punishable under Sec. 344 of IPC, in default, he shall undergo simple imprisonment for two months and simple imprisonment for one year and fine of Rs.1,000.00 for the offence punishable under Sec. 366 of IPC, in default, he shall further undergo simple imprisonment for one month and all the sentences are ordered to run concurrently.

(2.) The appellant was in jail during the pendency of the trial and he was in jail from 17/5/2012 till 7/11/2016, subsequently, once again he was arrested on 15/9/2017 and till passing the judgment i.e., on 21/10/2017, he was in jail. Almost 4 years 6 months, he was in jail and after filing the appeal, the I.A. was dismissed and he was continued to be in jail and from last 6 years, this appeal is pending. Hence, the learned High Court Government Pleader was directed to verify the status of the accused in jail. Accordingly, learned High Court Government Pleader submitted that the accused has already served the sentence and released from jail as on 9/12/2019 itself.

(3.) The learned counsel for the appellant is also absent. The appellant has also lost the interest as he has already undergone the sentence and released from jail. Therefore, nothing survives for consideration in this appeal and no purpose will be served by hearing this appeal on merits by engaging any Amicus Curiae. Therefore, the appeal is liable to be dismissed for having become infructuous.