Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1581 OF 2009
MS. S ...APPELLANT
:VERSUS:
SUNIL KUMAR AND ANR. ...RESPONDENTS
O R D E R
1. By a judgment delivered on April 10, 2015, this Court
allowed the appeal and convicted respondent No.1 for having
committed the offence under Section 376(1) of the Indian Penal
Code and sentenced him to undergo imprisonment for seven
years and also imposed a fine of Rs.5,000/- which was to be
paid in its entirety to the appellant. However, the acquittal of
Respondent No.1 for the offence under Section 3(2)(V) of the Act
was confirmed. Respondent No.1 was directed to be taken into
custody forthwith to undergo the sentence as aforesaid.
2. In spite of service of notice, when the appeal was fixed for
Signature Not Verified
Digitally signed by
Gulshan Kumar Arora
Date: 2015.11.19
16:55:38 IST
Reason:
hearing from time to time, none appeared before this Court to
represent respondent No.1. In these circumstances, it led this
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Court to appoint an amicus in this matter to appear on behalf of
respondent No.1 accused.
3. The State of Chhattisgarh was duly represented by its
counsel. The appellant was also represented through the
Supreme Court Legal Services Committee. However, the State
and the appellant, none of the parties, drew the attention of this
Court that respondent No.1/accused has already died.
Accordingly, hearing of appeal was taken up and concluded on
th
13 March, 2015. The judgment was delivered by this Court on
April 10, 2015.
4. At that point of time it was not within the knowledge of
this Court that respondent No.1/accused has died.
Subsequently, when the matter was placed before us, we have
been informed by the learned counsel Ms. Shashi Juneja, that
respondent No.1 Sunil Kumar has died on 14.10.2012. Since the
said fact was not within knowledge of this Court nor the
attention of this Court was drawn to the said fact by the parties,
including the State, it would be obvious that the judgment/order
dated April 10, 2015 cannot be given effect to at this stage.
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5. Accordingly, the judgment and order dated April 10, 2015
already passed in this matter, has to be recalled, recording the
fact that the accused respondent No.1 had expired before the
appeal was heard out. Hence, this appeal had become abated.
6. Accordingly, on the basis of the statement made by the
learned counsel appearing for the State, the judgment dated
April 10, 2015, is recalled and this criminal appeal is dismissed
for having become abated.
….....….……………………J
(Pinaki Chandra Ghose)
….....…..…………………..J
(R.K. Agrawal)
New Delhi;
November 16, 2015.
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ITEM NO.1 COURT NO.11 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1581/2009
MS. S. Appellant(s)
VERSUS
SUNIL KUMAR & ANR. Respondent(s)
(office report for direction)
Date : 16/11/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Appellant(s) Mr. Kanhaiya Priyadarshi, AOR (SCLSC)
For Respondent(s) Ms. Shashi Juneja, Adv.
Mr. C. D. Singh, AOR
Ms. Vanshaja Shukla, Adv. (A.C.)
UPON hearing the counsel the Court made the following
O R D E R
The judgment dated April 10, 2015, is recalled and this
Criminal Appeal is dismissed having become abated in terms of the
signed reportable order.
(R.NATARAJAN) (SNEH LATA SHARMA)
Court Master Court Master
(Signed reportable order is placed on the file)