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Madras High CourtCRL A/26/2018dismissed as infructuous

Kumar, Aged 32 Years, v. State By,

2025-09-08Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025

CORAM

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Kumar ...Appellant -VsState by :

The Inspector of Police, Velur All Women Police Station, Namakkal District.

(Crime No.7 of 2015)

...Respondent

Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., praying to set aside the conviction and sentence imposed on the appellant by judgment dated 20.12.2017 by the Sessions (Fast Track Mahila Judge), Namakkal, in C.C.No.42 of 2015.

For Appellant :

Mr.B.Vasudevan For Respondent :

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

JUDGMENT

The petitioner/accused was convicted by the trial Court in connection with Special C.C.No.42 of 2015 by the judgment dated 20.12.2017 for the offence under Sections 448 IPC and 3 r/w 4 of POCSO Act, 2012 and sentences him to undergo to 1 (one) year RI and for the offence u/s 3 r/w 4 POCSO Act 2012 the accused is convicted and sentenced to 7 (seven) years RI with fine of Rs.2,000/- in default of payment of find 6 (six) more months RI u/s 235(2) Cr.P.C. Further the above sentences ordered to run concurrently and it is ordered to set off the imprisonment already under gone by accused for this case and it is decided that the victim/PW1 is entitled for getting compensation under Tamil Nadu Victim Compensation Scheme 2013 and she is directed to approach the District Legal Services Authority, Namakkal for deciding the quantum and getting the same through authority concerned under the above scheme. There is no any property marked in this case.

2. The learned Additional Public Prosecutor submitted that he has received a report from the Superintendent, Central Prison, Coimbatore, wherein, it has been stated that the appellant, on conviction was initially, confined in Central Prison, Coimbatore, from 20.12.2017 and thereafter, he was transferred to the open Prison, Singanallur on 21.09.2019. He further submitted that considering the good conduct of the appellant, he has been released from the prison. The said letter is extracted hereunder;

3. A perusal of the letter dated 04.09.2025 reveals that the appellant was released from the prison on the basis of his good conduct as per the prison rules. Hence, nothing survives for further adjudication and no purpose would serve in keeping this appeal pending.

4. Accordingly, this Criminal Appeal is dismissed as infructuous. 08.09.2025 Index : Yes/No Internet : Yes/No dna To 1.The Sessions (Fast Track Mahila Judge), Namakkal. 2.The Inspector of Police, Velur All Women Police Station, Namakkal District.

(Crime No.7 of 2015) 3.The Public Prosecutor, High Court of Madras.

M. NIRMAL KUMAR, J.

dna 08.09.2025