CHUDASMA DHANLALSING LALDEVSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 374(1) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 30th October 2004 passed by the learned Joint District Judge and Additional Sessions Judge, Fast Track Court No.7, Morbi, in Sessions Case No.24 of 2004, whereby the appellant was convicted under Sections 376 of the Indian Penal Code and ordered to undergo seven years rigorous imprisonment and fine of Rs.05,000/-, and default of payment of fine, ordered to undergo simple imprisonment for a further period of six months. The appellant was also convicted under Section 506(2) of the Indian Penal Code and ordered to undergo one year rigorous imprisonment and fine of Rs.500/-, and default of payment of fine, ordered to undergo simple imprisonment for a further period of one month.

(2.) I have gone through the Board remarks. Board shows that this matter is listed 11 times on final hearing Board. Today when the matter is called out, neither the learned counsel for the appellant nor the appellant is present before the Court.

(3.) Mr.Parikh has produced on record Jail Report, which shows that the appellant has already been released from jail on 14th December 2009 as he has undergone the sentence imposed upon him.