Madras High CourtCRL A/730/2015dismissed

Nazeer v. State Rep. By

2019-07-27Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :

27.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Criminal Appeal No.730 of 2015 Nazeer ..Appellant/ Accused Vs.

State rep.by Inspector of Police, F-5, Choolaimedu P.S., Chennai.

..Respondent/Complainant Appeal filed under section 374[2] of Code of Criminal Procedure to set aside the conviction and sentence passed against the appellant/accused on 29.09.2015 in S.C.No.208 of 2014 by the learned Sessions Judge-Mahila Court, Chennai and acquit him from all the charges.

For Appellant :

Mr.R.C.Paul Kanagaraj For Respondent :

Mrs.T.P.Savitha Government Advocate [Crl.Side]

JUDGMENT

The appellant is the sole accused in SC.No.208/2014 on the file of the learned Sessions Judge, Mahila Court, Chennai, stood charged and tried for the commission of the offence under section Section 10 of Protection of Children from Sexual Offences Act 2012. The Trial Court, vide impugned Judgment dated 29.09.2015, convicted him for the commission of the offence under Section 10 of Protection of Children from Sexual Offences Act 2012. , sentenced him to undergo 5 years of rigorous imprisonment and also fine of Rs.1000/- and in default to undergo 3 months of simple imprisonment and also to pay a sum of Rs.5,000/- to the victim as compensation.

2. Aggrieved by the conviction and sentence awarded by the Trial Court, vide impugned Judgment dated 29.09.2015, the accused/appellant has preferred the present Criminal Appeal.

3. The learned counsel appearing for the appellant would submit that the appellant is sentenced and convicted to undergo 5 years of rigorous imprisonment and also fine of Rs.1000/- and in default to undergo 3 months of simple imprisonment and he has already undergone the sentence. Hence, this Criminal Appeal may be closed.

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4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions confirm the above said statement of the learned counsel for the appellant.

5. Heard both sides.

6. In view of the fact that the appellant has already undergone the period of incarceration, nothing remains for further adjudication in this Criminal Appeal and hence, the criminal appeal is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Sessions Judge-Mahila Court, Chennai 2.The Inspector of Police, F-5, Choolaimedu Police Station, Chennai.

3.The Public Prosecutor High Court, Madras.

4.The Superintendent, Central Prison, Puzhal, Chennai.

Copy To: The Section Officer, Criminal Section, High Court of Madras.

AKM/24.09.19/2P-6C / Criminal Appeal No.730 of 2015 https://hcservices.ecourts.gov.in/hcservices/