•^^. ' "•. '^^^ ^: ./ Jtv^. HSGH COURT GF CHHATTESGARH. BSLASPUR Cr.AESseal No.204 of 2004 APPELLANT Subhash tjdiya, son of Kartik Udiya, -aged 20 years, reoident of Baramund Padmapur, Poijce Station Kenga, District Kaiahandi, Orissa, oresent Nandu Badi vj!!aoe Murmunda, Police Statlon NandinL Versiis RESPONDENT StBte of Chhettisgarh Through- The Station incharge, P.S. Utai, District-Durg (C.G-.) Appearance: Shri H.B. Agrawai, Sr. Advocate with Smt. Usha Chandrakar. counset for the appeilant. Shri D.K. Gwalre, Additibna! Pubiic Prosecutor for the State. ORAL ORDER (15.05.2cN57) SU^IL KUMAR SINHA. J Heard. - Thls appea! is directed against the judgment of convjction and order of sentence dated 14/11/2003, passed in S.T.No. 87/2003 by the V Additional Sessions Judge, Durg (CG), whereby, the iearned Court beiow after holding the appeliant guijty of the offence punishable under Sections v353; 366 and 376 of !PC< sentenced him to undergo R.i. for 5 years and to pay a flne of Rs.100/-, In defauit of payment of fine to further undergo R.S. for 1 month under Seotion 366 of iPC and RJ. for 7 years and fine ofRs.100/-, in defauft of payment of fine to further undergo R.! for 1 month under Sectjon 376 of iPC and has not awarded any separate sentence under Section 363 of !PC. Learned counsel for the appellant submits that this is a subsequent appeai, as eariier appea! of the appeiiant against the same judgment has atready been fl!ed vide Criminai Appeal No. 38^004 and in this vt'ew of the matter, he .does not want to press thi's subsequent appeal. The prayer is aiiowed. This subsequent appea! is dismissed, as not pressed being unnecessary' and jnfructuous. Sd/- Sunil Kumar Sinha Judge 7VI