Case Note & Summary
The case involved a criminal appeal filed by the appellant challenging a conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The appellant was convicted by the Special Court for Cases under POCSO Act, 2012, on 12.03.2018, and sentenced to 10 years of simple imprisonment along with a fine of Rs.5,000. The appellant's counsel informed the court that the appellant had already served his sentence and was released from prison. The Government Advocate confirmed that the appellant was released on 22.03.2025 after serving his sentence. Given that the appellant had completed his sentence, the court found that there was no further matter to adjudicate. Consequently, the court dismissed the appeal as moot, indicating that the legal issues raised were no longer relevant due to the appellant's release from custody. The judgment was delivered on 16-09-2026.
Headnote
A) Criminal Law - Appeal Against Conviction - Dismissal of Appeal - Code of Criminal Procedure, 1973, Section 374 - The appellant challenged his conviction under the POCSO Act but had already served his sentence and been released. The court found that since the appellant had completed his sentence, there was nothing left for adjudication, leading to the dismissal of the appeal. Held that the appeal was dismissed as moot (Paras 2-5).
Issue of Consideration
Whether the appeal should be adjudicated given that the appellant has served the sentence.
Final Decision
The court dismissed the criminal appeal as the appellant had already served his sentence and was released from prison, rendering the appeal moot.
Law Points
- Criminal appeal
- conviction under POCSO Act
- sentence served
- dismissal of appeal
Case Details
2026 LawText (MAD) (09) 118
Mr.T.Muruganantham, Mr.N.Palanivel
State Rep By, The Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai
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Nature of Litigation
Criminal appeal against conviction under POCSO Act.
Remedy Sought
Appellant sought to set aside the judgment of conviction.
Filing Reason
Challenging the conviction and sentence imposed by the trial court.
Previous Decisions
Conviction and sentence upheld by the Special Court for Cases under POCSO Act.
Issues
Whether the appeal should be adjudicated given that the appellant has served the sentence.
Submissions/Arguments
Appellant's counsel argued that the appellant had served his sentence and should be released from the conviction.
Government Advocate confirmed the appellant's release and stated that the appeal was moot.
Ratio Decidendi
The appeal was dismissed as moot since the appellant had completed his sentence, indicating that there was no longer a live issue for the court to resolve.
Judgment Excerpts
The appellant was convicted by the Trial Court for offences under Section 5(h)(i)(m) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
In view of the fact that the appellant has already served the sentence imposed and has been released, nothing survives for further adjudication.
Procedural History
The appellant was convicted on 12.03.2018 in S.C.No.307 of 2015 and sentenced to 10 years imprisonment. The appeal was filed challenging this conviction.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 374
- Protection of Children from Sexual Offences Act, 2012: Section 5(h)(i)(m), Section 6
