IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI CRIMINAL APPEAL NO.1463 OF 2019 BETWEEN:
GOVINDARAJU @ KUTTI SON OF BALA AGED ABOUT 19 YEARS RESIDING AT NEAR MARIYAMMA TEMPLE 3RD CROSS, SATHYANAGAR MARUTHISEVANAGAR POST BENGALURU-560 033.
(BY SRI: SANTHOSH B., ADVOCATE) AND:
STATE OF KARNATAKA BY BANASWADI POLICE STATION BENGALURU-560 043 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR) HIGH COURT BUILDING BENGALURU-560 001.
...APPELLANT …RESPONDENT (BY SRI: VIJAY KUMAR S. MAJAGE, ADDITIONAL STATE PUBLIC PROSECUTOR) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 14.03.2018, PASSED BY THE LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN SPL.C.C.NO.527 OF 2016, CONVICTING THE APPELLANT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 448 OF INDIAN PENAL CODE AND SECTION 376 OF IPC READ WITH SECTION 5(J) (II) READ WITH SECTION 6 OF POCSO ACT. THE ACCUSED IS HEREBY CONVICTED FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 OF INDIAN PENAL CODE READ WITH SECTION 5(J)(II) READ WITH 6 OF POCSO ACT AND SENTENCED TO UNDERGO LIFE IMPRISONMENT AND HE SHALL ALSO PAY FINE OF RS.50,000/- IN VIEW OF THE SAME, NO SEPARATE PUNISHMENT NEED TO BE AWARDED FOR THE OFFENCE PUNISHABLE UNDER SECTION 448 OF INDIAN PENAL CODE AND THE APPELLANT/ACCUSED PRAYS THAT HE BE ACQUITTED.
***** THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The appellant has already filed Criminal Appeal No.1459 of 2019. This is the second appeal that he has filed. Hence, a memo has been filed seeking to withdraw the appeal.
The memo is accepted.
The appeal is dismissed as withdrawn, directing the appellant to pay a cost of Rs.5,000/- to be paid in the registry by the end of the day.
Sd/- Sd/-
JUDGE JUDGE *bgn/-