IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL APPEAL NO.492 OF 2017 BETWEEN:
STATE OF KARNATAKA BY SIRA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 01. ... APPELLANT (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP) AND:
MADANKUMAR S/O NARASIMHAIAH, AGED ABOUT 38 YEARS, AUTO DRIVER, SOREKUNTE VILLAGE, SIRA TALUK – 572 137. ... RESPONDENT THIS CRL.A IS FILED UNDER SECTION 378(1) AND (3) OF CR.P.C., PRAYING TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGMENT AND ORDER DATED 21.10.2016 PASSED IN SPL.C.NO.287 OF 2015 ON THE FILE OF III ADDL. SESSIONS JUDGE, TUMAKURU SPECIAL COURT FOR TRIAL CASES UNDER SC/ST (POA) ACT AND SPECIAL COURT FOR TRIAL OF CASES UNDER POCSO ACT ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 366(A) AND 344 OF IPC AND SECTION 9, 6 AND 8 OF POCSO ACT. THE STATE PUBLIC PROSECUTOR/STATE PRAYS THAT THE ABOVE ORDER OF ACQUITTAL MAY BE SET ASIDE.
***** THIS CRL.A. COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The Police Report dated 14.09.2017 indicates that the sole respondent died on 04.08.2017. In view of the same, the appeal is dismissed as having been abated.
SD/- SD/-
JUDGE JUDGE JJ