SUBAKSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by judgment dated 18.03.2013 passed by Sessions Judge, Shajapur in Sessions Trial No.191/2012, by which he has been convicted under Sections 376, 323 and 506 Part-II of IPC and sentenced to undergo 7 years' RI with fine of Rs.1,000-00; 1 year's RI with fine of Rs.250-00 and 6 months' RI with fine of Rs.250-00 respectively, with default stipulation.

(2.) As per the prosecution story, the prosecutrix (PW-6) is a resident of Sehore and her husband is a labour. The appellant was her neighbour since last 5 years. On 27.11.2011 he took her to Nagjhiri by train and bus for the purpose of Which-craft. Thereafter he took her to a forest in the night at 2.00 AM and committed rape on her. He has also assaulted her by Iron Chimta and due to which she received injuries on her head, hand and back. The prosecutrix lodged the report Ex.P/8 in the Police Station Mohan Badodiya. She was sent for medical examination and the usual investigation was completed and accused was arrested and Iron Chimta was recovered from his possession. The clothes were sent to FSL and after completing the investigation, challan was submitted. The trial was committed to the Sessions Court and the appellant was tried under Sections 376, 323 and 506 Part-II of IPC. The appellant has denied the charges, therefore, the trial commenced. By judgment dated 18.03.2013 the learned Sessions Court has convicted and sentenced him as stated above. Hence, the present appeal before this Court.

(3.) By order dated 24.062013 the appeal was admitted for final hearing. In the year 2016 the appellant filed an application for suspension of jail sentence. By order dated 09.05.2016, this Court has rejected the application. During pendency of this appeal, the appellant remained in the jail and completed the sentence. Vide letter dated 21.03.2018 the Deputy Jail Superintendent, District Jail, Shajapur has informed that the appellant has been released on 18.07.2017 after undergoing the entire sentences including the period of remission. Since the appellant has already undergone the sentences, therefore, this appeal is not required to be considered on the ground of sentences.