NIRAL SAHU AND ORS. vs STATE OF JHARKHAND

Learned counsel for the appellant in Cr. Appeal (D.B.) No.519 of 2011 is present. No one appears for the appellants in other two appeals in spite

of repeated calls. Learned counsel for the State is also present.

It is submitted by the learned counsel for the appellant in Cr. Appeal (D.B.) No.519 of 2011, that the appellant Niral Sahu has been found guilty and

convicted along with other co-accused persons for the offences under Sections 363, 366 and 376(g) / 34 of the Indian Penal Code, and they have been

sentenced to maximum sentence of R.I. for twelve years for the offence under Section 376(g) of the Indian Penal Code. It is submitted by the learned

counsel that the appellant is in custody since 12.12.2005 itself, and he has already served the entire sentence, as such this appeal has become

infructuous.

We have looked into the records of the other two appeals also and we find that all these three appellants have been convicted and sentenced by the

common Judgment of conviction dated 29.03.2008 and Order of sentence dated 31.03.2008, passed by the learned XXth Additional Judicial

Commissioner, Ranchi, in Sessions Trial Nos. 387 of 2006 / 08 of 2007. All these three appellants were convicted for the offences under Sections 363,

366 and 376(g) / 34 of the Indian Penal Code. Upon hearing on the point of sentence these appellants were sentenced to undergo R.I. for five years

for the offence under Section 363 of the Indian Penal Code, R.I. for ten years for the offence under Section 366 of the Indian Penal Code and R.I. for

twelve years for the offence under Section 376(g) of the Indian Penal Code and all the sentences were directed to run concurrently.Â

The records further reveal that all these appellants are in custody since 12.12.2005 itself. As such, they have already served out the sentence

passed by the Trial Court below. Accordingly, all these three appeals have become infructuous, and they are disposed of as such.Â

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