Madras High CourtCRL A/672/2021disposed of

Sivaprakasam v. State Rep By

2026-01-09Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Sivaprakasam S/o. Late Ajian, Q-3, Fabrock House, Nandimedu, Udhagamandalam, The Nilgiris 643 001.

Appellant(s) Vs

1. State Rep By Deputy Superintendent Of Police, Udhagamandalam Town.

2.State Rep By Inspector Of Police, All Women Police Station, Ooty Town, Cr.No. 3 Of 2016.

3.Sarojamani W/o. Thalaiyattum Munthu, Ooty Town, Ooty.

Respondent(s) PRAYER: The criminal appeal filed under Section 374(2) Cr.P.C.to set aside the judgment of convictions and sentences passed against the appellant and acquit him in Special Calendar Case No.27 of 2016 dated 21.01.2021 on the file of Learned Sessions Judge, Magalir Neethimandram, (FTMC), Udhagamandalam at Nilgiris.

For Appellant(s):

Mr.Jayasri Baskar For Respondent(s):

Mr.S. Udayakumar, Govt. Advocate (Crl. Side) Assisted by Ms.T.Harshana For R1 and R2 Mr.J.Jaseem Mohamed for R3.

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JUDGMENT

The appellant/accused was convicted by the trial Court in Spl.C.C.No.27 of 2016 by judgment dated 21.01.2021 for offence under Sections 451 of IPC, 9(k) r/w 10 of the Protection of Children from Sexual Offences Act, 2012, and 3(1)(w)(i) of Schedule Caste /Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentences of 2 years rigorous imprisonment and fine of Rs.10,000/- in default of 6 months of simple imprisonment, 5 years Rigorous imprisonment and fine of Rs.20,000/- in default of 1 year simple imprisonment and 5 years rigorous imprisonment and fine of Rs.20,000/- in default of 1 year simple imprisonment respectively, against which, the appellant/accused preferred the present appeal.

2.The learned counsel for the appellant submitted that appellant had already undergone the sentence imposed by the trial Court. Hence, nothing survives for adjudication in this Criminal Appeal. 3.The learned Govt.Advocate (Crl.Side) for first and second respondent affirms the submission made by counsel for the appellant and in respect of the same, he produced the copy of the details submitted by second respondent which is scanned and extracted hereunder:

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In view of the above, nothing survives for further adjudication in this Criminal Appeal and the same stands disposed of. 09-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes sms To 1.Deputy Superintendent Of Police, Udhagamandalam Town.

2.Inspector Of Police, All Women Police Station, Ooty Town, Cr.No. 3 of 2016.

3.The Public Prosecutor High Court, Madras.

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M.NIRMAL KUMAR J.

sms 09-01-2026 5/5