JIVANBHAI SARDULBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this Appeal through the jail against the judgment and order of conviction and sentence dated 13.10.2006 passed by the learned Presiding Officer, Fast Track Court No.4, Morbi, in Sessions Case No.9 of 2006 whereby the learned Sessions Judge has convicted and sentenced the appellant to undergo R.I. for five years for the offence punishable under Sections 363 of the Indian Penal Code and to pay a fine of Rs.5000/-, in default, further S.I. for six months months. Learned Judge was pleased to sentence the appellant to undergo R.I. for five years and to pay a fine Rs.5000/-, in default, further S.I. for six months for the offence punishable under Section 366 of the Indian Penal Code and also to undergo R.I. for seven years and to pay a fine of Rs.15000/-, in default, further S.I. of one month for the offence punishable under Section 376 of the Indian Penal Code.

(2.) Being aggrieved and dissatisfied with the aforesaid judgment and order, the present appeal has been preferred by the appellant through the jail.

(3.) Today, the matter is taken for final hearing and during the course of hearing, learned APP Mr. H.H. Parikh for the respondent submitted that the present applicant has been released on 1.5.2010 from the jail and therefore, the appeal is now become infructuous. In support of his submission, he has produced jail report, which is ordered to be taken on record. Mr. Devang Dave, as amicus curiae, has also agreed with the submission of the learned APP.