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2021 DAILYLAW 1679 (ALL)

VISHAL KUMAR v. STATE OF U.P.

CRLA/2606/2021 · 2026-05-07

Vani Ranjan Agrawal

Criminal Appealbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 2606 of 2021 Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J. 1. Heard Sri Rahul Kumar Pal, learned counsel holding brief of Sri Rahul Saxena, learned counsel for the appellant and Sri Jai Prakash Tripathi, learned Additional Government Advocate appearing on behalf of the State. 2. This Jail Appeal has been filed against the judgement and order dated April 22, 2021 passed by learned Additional District & Session Judge, Court No.3, Pilibhit in Session Trial No.84 of 2018 (State Vs. Vishal Kumar and others) arising out of Case Crime No.585 of 2017, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, P.S. Gajraula, District Pilibhit by which the appellant has been convicted for the offence under Section 498-A I.P.C. to undergo two years rigorous imprisonment alongwith fine of Rs.3,000/- and in case of default in payment of fine the appellant shall undergo four months additional imprisonment; under Section 304-B I.P.C. to undergo eight years rigorous imprisonment; and under Section 4 of Dowry Prohibition Act, 1961 to undergo one year rigorous imprisonment alongwith fine of Rs.2,000/- and in case of default in payment of fine the appellant shall undergo two 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. Versus Counsel for Appellant(s) : Rahul Saxena, Sushil Kumar Pandey, Yagyadhar Tripathi Counsel for Respondent(s) : G.A. Vishal Kumar .....Appellant(s) State of U.P. .....Respondent(s) 4. During the pendency of this appeal, it is brought to the notice of this Court that the appellant has already undergone the entire period of sentence imposed by the trial court. In this regard learned counsel for the appellant has drawn the attention of this Court towards the custody certificate of the appellant dated July 15, 2023, according to which the appellant has completed 6 years one month and 28 days as on July 15, 2023 and by now the appellant has completed his entire sentence including the default sentence. 5. Learned counsel for the appellant does not wish to press the appeal on merits as the appellant has already completed his entire sentence including the default 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 the appellant has completed his entire sentence including the default sentence by now. 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 July 15, 2023 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 including the default 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 including the default sentence pursuant to order passed by the 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 CRLA No. 2606 of 2021 2 Court is hereby upheld. 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. May 8, 2026 Dev CRLA No. 2606 of 2021 3 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad