Criminal appeal abates upon the death of the sole appellant under Section 394 CrPC.

The appellant, the sole accused, was convicted by the Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur, under Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to three years’ rigorous imprisonment with a fine of ₹5,000 in Spl.S.C.No.2 of 2022 dated 08.11.2022.

He filed the present criminal appeal under Sections 397 and 401 of the Code of Criminal Procedure, 1973.

The sentence was suspended by the High Court on 14.12.2022.

During the pendency of the appeal, the appellant died; the defence stated that the death occurred on 30.01.2026, while the prosecution produced a Death Certificate recording the date as 31.01.2026.

Whether the criminal appeal abated upon the death of the sole appellant during its pendency under Section 394 of the Code of Criminal Procedure, 1973.

Whether any further adjudication on the merits of the conviction and sentence was warranted after the death of the sole appellant.

The Court applied Section 394 of the Code of Criminal Procedure, 1973, which provides for the abatement of criminal appeals upon the death of the accused/appellant, subject to the statutory exceptions.

Since the appellant was the sole accused and had died during the pendency of the appeal, the appeal could not continue and stood abated.

The Court also noted the underlying conviction under Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, but did not examine its merits after the appellant’s death.

The appellant’s death was established through the Death Certificate produced by the prosecution.

As the deceased was the sole appellant and no surviving appellant remained to prosecute the challenge to the conviction, Section 394 CrPC required the appeal to abate.

Consequently, the High Court treated the appellant’s death as dispositive of the pending appeal and found no occasion to consider the merits of the conviction or sentence.

Accordingly, Criminal Appeal No.1244 of 2022 was dismissed as abated, without any further adjudication on the merits.