Velappan vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 31, 2024

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Citation: sooperkanoon.com/1289159
Court: Kerala High Court
Judge: Honourable Mr.Justice P.G. Ajithkumar
Decided On: Jul 31, 2024
Case Number: CRL.A/1061/2016
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Velappan

Respondent

State of Kerala

Excerpt

.....sri.m.j.polly respondent/complainant: state of kerala rep. by inspector of police, kunnamkulam, public prosecutor, high court of kerala at ernakulam. pushpalatha m.k (senior government pleader) this criminal appeal having been finally heard on 31.07.2024, the court on the same day delivered the following:p.g ajithkumar, j.===================== crl.appeal no. 1061 of 2016 ========================= dated this the 31st day of july, 2024.judgmentthis is an appeal against conviction. the appellant was convicted and sentenced for the offences under section 376 (2) of the indian penal code, 1860 and section 5(l) and 5(m) r/w 6 of the protection of children from sexual offences act, 2012 (for short, ‘the po cso act’).2. the learned public prosecutor placed on record a copy of the death certificate of the appellant. he expired on 16.03.2018.3. the sentence imposed on the appellant comprisesfine also. therefore, the appeal would not abate as a matter of course. as stated, the appellant expired on 16.03.2018. nobody has come forward to prosecute the appeal yet. in the circumstances, the appeal is liable to be closed as held in pazhani vs. state of kerala [2017 (1) klt 341]. accordingly, this appeal is closed and the records are consigned to therecord room. the trial court may take steps for realisation of the fine amount from the estate of the appellant, if any. send a copy of this order along with the copy of the impugned judgment to the kerala state legal services authority (ke lsa) for taking appropriate action in regard to the order to pay compensation to the victim under the victim compensation scheme. sd/- p.g. ajithkumar, judge jj

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 CRL.A NO. 1061 OF 2016 CRIME NO.1630/2015 OF KUNNAMKULAM POLICE STATION, THRISSUR AGAINST THE JUDGMENT DATED 04.08.2016 IN SC NO.805 OF 2015 OF I ADDITIONAL SESSIONS COURT, THRISSUR. APPELLANT/ACCUSED: VELAPPAN, AGED 69 YEARS, S/O. KONNAN, PULIKKAL HOUSE, PUTHUSSERY DESOM, KANIPAYYUR VILLAGE, KUNNAMKULAM, THRISSUR DTISTRICT, KERALA. SRI.M.J.POLLY RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY INSPECTOR OF POLICE, KUNNAMKULAM, PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUSHPALATHA M.K (SENIOR GOVERNMENT PLEADER) THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G AJITHKUMAR, J.
===================== Crl.Appeal No. 1061 of 2016 ========================= Dated this the 31st day of July, 2024.

JUDGMENT

This is an appeal against conviction. The appellant was convicted and sentenced for the offences under Section 376 (2) of the Indian Penal Code, 1860 and Section 5(l) and 5(m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the Po CSO Act’).

2. The learned Public Prosecutor placed on record a copy of the death certificate of the appellant. He expired on 16.03.2018.

3. The sentence imposed on the appellant comprises

fine also. Therefore, the appeal would not abate as a matter of course. As stated, the appellant expired on 16.03.2018. Nobody has come forward to prosecute the appeal yet. In the circumstances, the appeal is liable to be closed as held in Pazhani Vs. State of Kerala [2017 (1) KLT 341]. Accordingly, this appeal is closed and the records are consigned to the

record room. The trial court may take steps for realisation of the fine amount from the estate of the appellant, if any. Send a copy of this order along with the copy of the impugned judgment to the Kerala State Legal Services Authority (Ke LSA) for taking appropriate action in regard to the order to pay compensation to the victim under the Victim Compensation Scheme. Sd/- P.G. AJITHKUMAR, JUDGE JJ

Same Court & Year Kerala · 2024 Same Parties Velappan vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice P.G. Ajithkumar