Criminal Appeal filed by Sundramurthi against conviction and sentence under POCSO. Court noted appellant had served sentence and was released. Set aside appeal on that ground.
Criminal Appeal and connected Miscellaneous Petition closed as sentence was already undergone.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.A.No.157 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.157 of 2018 and Crl.M.P.No.10723 of 2019
Sundramurthi
... Appellant
Vs
The State represented by The Inspector of Police, W-8, AWPS, Thirumangalam, Chennai. Crime No.38 of 2014.
...Respondent
PRAYER : Criminal Appeal has been filed under Section 374(2) of Criminal Procedure Code, against the Judgment passed by the Learned Magalir Judge, Special Court for cases under POCSO Act 2012/Mahila Court, Chennai 104 dated 19.01.2017 convicted him under Section 10 of the POCSO Act sentenced to undergo 5 years rigorous imprisonment and also imposed a fine of Rs.5,000/i.d., to undergo six months rigorous imprisonment and to set aside the conviction against him.
For Appellant : Mr.N.Sudharsan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
Page 1 of 4
Crl.A.No.157 of 2018
JUDGMENT
This Criminal Appeal has been filed as against the Judgment passed
in S.C.No.32 of 2015 dated 19.01.2017 by the Learned Magalir Judge, Special Court for cases under POCSO Act 2012/Mahila Court, Chennai 104, thereby convicted the appellant under Section 10 of the POCSO Act.
24.11.2022
Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No mn
Page 2 of 4
Crl.A.No.157 of 2018
To
https://www.mhc.tn.gov.in/judis Page 3 of 4
Crl.A.No.157 of 2018
G.K.ILANTHIRAIYAN, J.
mn
Crl.A.No.157 of 2018 and Crl.M.P.No.10723 of 2019
24.11.2022
https://www.mhc.tn.gov.in/judis Page 4 of 4
1 issue framed by the court
Whether the criminal appeal for setting aside conviction under Section 10 of POCSO Act lies when the sentence has been fully served?
2 provisions across 2 enactments
Sundramurthi
The State represented by The Inspector of Police, W-8, AWPS, Thirumangalam, Chennai
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
