Mariappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Mariappan ... Petitioner/Accused Vs.

The State by The Inspector of Police, All Women Police Station, Erode, Erode District.

(Crime No.4 of 2020) ... Respondent PRAYER: Criminal Appeal is filed under Section 374 of Criminal Procedure Code, prays to set aside the conviction and sentence imposed on the appellant by the judgment dated 29.12.2021 passed in Special S.C.No.2 of 2021 on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode.

For Petitioner :

Mr.M.Karthik For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

JUDGMENT

The appellant/accused was convicted by the trial Court in Spl.S.C.No.2 of 2021 by the judgment dated 29.12.2021 for the offences under Sections Page No.1 of 5

9(m) r/w Section 10 of POCSO Act and was sentenced him to undergo 5 years of Rigorous Imprisonment and to pay a fine of Rs.1,000/-; in default to undergo 2 months Simple Imprisonment.

2.

Aggrieved by the same, the accused preferred an appeal before this Court in Crl.A.No.127 of 2022.

3.

The learned counsel appearing for the appellant submitted that subsequent to the filing of the appeal, the appellant has passed away. 4.

The learned Government Advocate (Crl.Side) appearing for the State, on instructions from the respondent, confirmed the death of the appellant and produced the death certificate of the appellant, which indicates that the appellant passed away on 06.11.2022. 5.

In view of the above, nothing survives in this appeal. Hence this Criminal Appeal is dismissed as abated.

10.02.2025 Internet: Yes/No Page No.2 of 5

rpl To 1.The Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode.

2.The Inspector of Police, All Women Police Station, Erode, Erode District.

3.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

rpl Page No.4 of 5

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