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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6640 of 2017 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. Heard Sri Atul Kumar Singh, learned counsel for the appellant and Sri Rahul Asthana, learned Additional Government Advocate appearing on behalf of the State. 2. This Criminal Appeal has been filed against the judgement and order dated October 23, 2017 passed by learned Additional District & Session Judge/Fast Track Court No.1, Moradabad in Session Trial No.1010 of 2015 arising out of Case Crime No.249 of 2015, (State Vs. Pepil @ Popil) under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act Police Station Pakbada, District Moradabad by which the appellant has been convicted and sentenced as follows:- Under Section 498-A I.P.C. to undergo two years simple imprisonment along with fine of Rs.1,000/- and in default in payment of fine he shall undergo additional imprisonment for a period of three months. Under Section 304-B I.P.C. to undergo seven years simple imprisonment. Under Section 4 of Dowry Prohibition Act to undergo one year simple imprisonment alongwith fine of Rs.1,000/- in case of default in payment of fine the appellant shall undergo three Versus Counsel for Appellant(s) : Ajay Kumar Srivastava, Anil Kumar, Atul Kumar Singh, Harish Chandra Gupta, Rakesh Kumar Verma Counsel for Respondent(s) : G.A. Pepil @ Popil .....Appellant(s) State of U.P. .....Respondent(s)
months additional imprisonment. 3. The appeal has been filed, challenging the conviction and sentence of appellant on various grounds including earliest infirmities in appreciation of evidence of failure to consider certain material contradiction in the testimony of witnesses. 4. Learned counsel for the appellant on the strength of custody certificate dated March 28, 2024 submits that as on March 28, 2024 the appellant has already undergone Six Years three months and two days and the appellant was not released on bail by this Court. Thus, by now he has completed his all the sentences as awarded by learned trial Court. 5. Learned counsel for the appellant does not wish to press the appeal on merits as the appellant has already completed his entire sentence and prays that conviction may be set aside or in the alternative, the sentence may be deemed to have been undergone. 6. Learned Additional Government Advocate for the State respondent on the strength of custody certificate submits that appellant has completed his entire sentence awarded to him. 7.
I have perused the record and considered the submissions of both parties, the appeal has been pending for a long time and as per the custody report dated march 28, 2024 from the concerned jail authority, the appellant has served all the imprisonment imposed by learned trial court. 8. In the aforesaid circumstances of the case where the entire sentence has already undergone and considering the nature of offence and the fact the appellant has already served out his entire sentence, no useful purpose would be served by entering into a detailed examination of evidence at this stage. 9. Since the appellant has already undergone the full period of sentence pursuant to order passed by the learned trial Court, therefore, nothing further survives in this appeal for adjudication as the learned counsel for the appellant does not wish press on the merits of the appeal. Accordingly, the conviction and sentence as awarded by the trial Court is hereby upheld. The CRLA No. 6640 of 2017 2
appellant is directed to deposit the amount of fine as imposed by the learned trial Court, if not already deposited, within a period of three weeks from the date of receipt of certified copy of this order. 10. The appeal is dismissed. 11. Let a copy of this order be communicated to the jail authorities concerned through Registrar (Compliance) of this Court. 12. A copy of this judgment alongwith the trial court record be transmitted to the Court concerned for necessary compliance. Compliance report be submitted to this Court, at the earliest. Office is directed to keep the compliance report on record. April 10, 2026 Dev CRLA No. 6640 of 2017 3 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad