DILIPKUMAR BAKILAL GUPTA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 6th April 2013 passed by the 3rd Additional Sessions Judge, Thane, convicting the appellant of the offence punishable under Section 376 of the Indian Penal Code (IPC) read with Section 511 of the IPC, and sentencing him to suffer Rigorous Imprisonment for 5 years, and to pay a fine of Rs. 5,000/-, in default, to suffer Rigorous Imprisonment for 3 months.

(2.) When the appeal came up for hearing, it transpired that the appellant had already been released from prison on 25th July 2015, after having undergone the entire sentence imposed upon him. This has been stated by the learned counsel for the appellant, who appeared before this court, pursuant to a communication made to him by the Registry of this court. The learned counsel for the appellant submits that he has instructions to state that the appellant does not wish to advance any arguments in support of the appeal, and that, the court may decide the matter after going through the record of the case and the impugned judgment.

(3.) Though the appellant has undergone the sentence, the appeal having been admitted, needs to be decided on merits. In the circumstances, it is being decided, after going through the entire evidence adduced during the trial, after going through the impugned judgment, and after hearing Smt.A.T.Javeri, the learned APP for the State.