YOGESH JANARDHAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was prosecuted on the allegations of having committed offences punishable under Sections 450, 376 and 506 of Indian Penal Code (IPC). The Learned 1 st Ad hoc Additional Sessions Judge, Kalyan, who tried him, found him guilty of offences punishable under Sections 451 and 376 of IPC. The Learned 1 st Ad hoc Additional Sessions Judge, sentenced the appellant to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.500/ , with respect to the offence punishable under Section 451 of the IPC and to undergo Rigorous Imprisonment for five years and to pay a fine of Rs.2,000/ , with respect to the offence punishable under Section 376 of IPC. There was another accused who was also prosecuted in the said case along with the appellant, but the Learned 1 st Ad hoc Additional Sessions Judge, found him not guilty and acquitted him. The appellant, being aggrieved by his conviction and the sentences imposed on him, has approached this court by filing the present appeal.

(2.) When the appeal came up for hearing, it was revealed that the appellant was released from prison after having served the sentences imposed upon him. Nevertheless, the appeal having been admitted, was required to be decided on merits.

(3.) When the appeal appeared on board for hearing on 2.4.2012, nobody appeared for the appellant. On 9.4.2012, to which date the matter was adjourned, also, nobody appeared for the appellant. The matter was then kept on 10.4.2012, when also, nobody appeared and then ultimately, when it appeared on board today, though nobody appeared for the appellant, it was decided to dispose of the appeal, after hearing Smt.R.M.Gadhvi, the learned APP for the Sate.