GANGTOK, India, Aug. 29 -- Sikkim High Court issued the following judgment/order on Aug. 18:
Rai, J. Heard Learned Additional Public Prosecutor.
Compliance report dated 06-08-2025, has been filed on behalf of the State-Appellant. Costs of rs 20,000/- (Rupees twenty thousand) only, have been made over to the Respondent in Compliance to the Order of this Court dated 14-05-2025, as his journey expenses from Jhunjhunu District, Rajasthan, to Gangtok, Sikkim. The said amount has been paid to him and received by him.
Heard on I.A. No.02 of 2025, which is an application filed by the Additional Public Prosecutor seeking to withdraw the instant Appeal with the permission of this Court. It is submitted therein that the Respondent has already undergone the period of imprisonment i.e., ten years, meted out to him under Section 304 Part I of the Indian Penal Code, 1860, by the Learned Trial Court. Now, the application under Section 377(i)(b) of the Code of Criminal Procedure, 1973 (hereinafter, the "Cr.P.C.") remains which is an application for enhancement of sentence, however considering the above circumstances, the Prosecution does not seek to press the Petition under Section 377(i)(b) of the Cr.P.C. and the Petition may be disposed of as withdrawn.
The Respondent is present in person. Learned Counsel for the Respondent submits that in view of the submissions of the Learned Additional Public Prosecutor he has nothing further to add.
Having given due consideration to the submissions advanced, we are of the considered view that the ends of justice will be served, if the permission sought is granted. Accordingly, the Appeal stands disposed of as withdrawn.
Pending applications, if any, also stand disposed of.
Disclaimer: Curated by HT Syndication.
