Madras High CourtCRL A/212/2010closed

Selvaraj v. State Rep By

2018-12-21Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.A.No.212 of 2010 Selvaraj ... Appellant/Accused Vs.

State represented by The Inspector of Police, All Women Police Station, Coimbatore.

Crime No.15 of 2007 ... Respondent/Complainant Prayer:

Appeal filed under Section 374 of Cr.P.C. seeking to set aside the conviction and sentence imposed upon the appellants by the learned Sessions Judge - Magalir Neethimanram, Coimbatore in S.C.No.34 of 2008 by a judgment dated 03.02.2010. For Appellant : Mr.C.Shivakumar For Respondent : Mr.R.Ravichandran Government Advocate (Crl. Side)

J U D G M E N T

The appellant is the accused in the case in S.C.No.34 of 2008 before the learned Sessions Judge - Magalir Neethimanram, Coimbatore. The Trial Court vide judgment dated 03.02.2010 made in S.C.No.34 of 2008, convicted the appellant for the offence under Sections 376(1) and 377 of IPC and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,000/- for the offence under Section 376(1) of IPC and to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,000/- for the offence under Section 377 of IPC. The sentences were ordered to run concurrently. Challenging the said conviction and sentence, the appellant has preferred this appeal.

2.Today, when the appeal was taken up for hearing, the learned counsel appearing for the appellant submits that the appellant has already suffered the punishment and he was https://hcservices.ecourts.gov.in/hcservices/

released awarding remission. Hence, nothing survives in this appeal for adjudication.

3.The learned Government Advocate (Crl. Side) also produced a copy of the letter sent by the Superintendent of Prisons, Central Prison, Coimbatore, to the Inspector of Police, All Women Police Station, Coimbatore, stating that the appellant was awarded remission and was released on 16.09.2017. 4.Since the appellant has already suffered the punishment and he was released awarding remission, nothing survives in this appeal for adjudication. The criminal appeal is accordingly closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar pri To 1.The Sessions Judge - Magalir Neethimanram, Coimbatore.

2.The Inspector of Police, All Women Police Station, Coimbatore.

Crime No.15 of 2007

3. The Public Prosecutor High Court, Madras 104.

+1 CC to Mr.C.Shivakumar, Advocate sr 89808.

Crl.A.No.212 of 2010 AD(CO) SP(28/01/2019) https://hcservices.ecourts.gov.in/hcservices/