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HIGH COURT OF JUDICATURE AT ALLAHABAD JAIL APPEAL No. - 91 of 2021 Court No. - 54 HON'BLE MRS. VANI RANJAN AGRAWAL, J.
1. This appeal has been directed against the judgment and order dated 25.01.2021 passed by Special Judge (POCSO Act) Court No.2/Additional Session Judge, Mordabad, arising out of Case Crime No. 332 of 2015, under Sections 376, 506 I.P.C. and 3/4 of POCSO Act, Police Station- Bilari, District- Mordabad
2. The appeal has been filed, challenging the conviction and sentence of appellant on various grounds including earliest infirmities in appreciation of evidence of failure to consider certain material contradiction in the testimony of witnesses.
3. During the pendency of this appeal, it is brought to the notice of this Court that the appellant has already undergone the entire period of sentence imposed by the trial court. Learned counsel for the appellant does not wish to press the appeal on merit and prays that conviction may be set aside or in the alternative, the sentence may be deemed to have been undergone.
4. Learned A.G.A. for the State does not disclose the fact that the appellant has completed the sentence awarded and released from the custody.
5. I have perused the record and considered the submissions of both parties, the appeal has been pending for a long time and as per the custody report dated 22.09.2025 from the concerned jail authority, the appellant has served all the imprisonment imposed by learned trial court.
6. In the aforesaid circumstances of the case where the entire sentence has already undergone and considering the nature of offence and period of Versus Counsel for Appellant(s) : Rajendra Singh, Vishnu Prakash Counsel for Respondent(s) : A.G.A. Ramjimal .....Appellant(s) State of U.P. .....Respondent(s)
detention, no useful purpose could be served by entering into a detailed examination of evidence at this stage.
7. Accordingly, while upholding the offence of guilt recorded by the trial court, it is ordered that since the appellant has already undergone the full period of sentence, nothing further survives in this appeal, so far as the sentence is concerned, the appeal, therefore, is disposed of as infructuous. October 8, 2025 P. Pandey JAPL No. 91 of 2021 2 (Mrs. Vani Ranjan Agrawal,J.) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad