Packirisamy @ Raja, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Packirisamy @ Raja ... Appellant/Sole Accused

Versus

State by The Inspector of Police, T.R.Pattinam Police Station, Karaikal, Union Territory of Puducherry.

(Crime No.26/2013).

... Respondent/Complainant PRAYER : Criminal Appeal filed under Section 374(2) of Cr.P.C., praying to set aside the judgment of conviction passed by the learned Sessions Judge, Karaikal in Special Sessions Case No.07/2016 dated 29.11.2017 convicting the appellant/accused for the offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of 3 months.

Appellant : Mr.I.Syed Sibghatulla, Legal Aid Counsel 1/8

For Respondent : Mr.K.S.Mohandass, Public Prosecutor (Puducherry) Assisted by Ms.N.Danalatchoumy

JUDGMENT

The Criminal Appeal has been filed seeking to set aside the judgment of conviction passed by the learned Sessions Judge, Karaikal in Special Sessions Case No.07 of 2016 dated 29.11.2017.

2. This Court, on 29.08.2025, had passed the following order: "The appellant/accused in Spl.S.C.No.07 of 2016 was convicted by the trial Court by the judgment dated 29.11.2017 for offence under Section 6 of POCSO Act and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months simple imprisonment, against which, he preferred this appeal.

2.The learned counsel Mr.V.Sathish, who filed the appeal, had not shown any interest in prosecuting the appeal. Hence, this Court, on 21.06.2024, appointed one Mr.I.Syed Sibghatulla as Legal Aid Counsel for the appellant.

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3.The learned Legal Aid Counsel for the appellant submitted that in this case the appellant had already undergone the sentence and the appeal itself has become infructuous. 4.The learned Additional Public Prosecutor (Puducherry) seeks small accommodation to verify with the Superintendent of Prison, Puducherry with regard to the submission made by the learned Legal Aid Counsel for the appellant.

5.Post on 03.09.2025."

3. In continuation to the earlier order passed by this Court on 29.08.2025, today, the learned Public Prosecutor (Puducherry) produced a communication dated 15.09.2025 received from the Deputy Superintendent of Jail, Karaikal, which is extracted as follows: 3/8

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4. From the report, it is seen that the appellant had already undergone his period of conviction with some remission as per Puducherry Prison Rules, 2021. The appellant was released on 23.05.2025. Hence, nothing survives for adjudication in the above appeal.

5.In view of the same, the Criminal Appeal is dismissed as infructuous. 17.09.2025 Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi To 1.The Sessions Judge, Karaikal.

2.The Inspector of Police, T.R.Pattinam Police Station, Karaikal, Union Territory of Puducherry.

3.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR , J.

rsi 17.09.2025 8/8