MS.S. versus SUNIL KUMAR AND ANR.

MS.S. versus SUNIL KUMAR AND ANR.

Judgment dated April 10, 2015 convicting respondent No.1 under Section 376(1) IPC is recalled because it was rendered without knowledge of respondent No.1’s prior death; appeal abates.

Parties
Appellant: MS.S.; Respondent No.1/accused: Sunil Kumar
Jurisdiction
India
Judgment Date
16 November 2015
Procedural Posture
Criminal Appeal / Recall of Judgment; Appeal Dismissed as Abated
Outcome
Appeal dismissed as abated; judgment recalled
Legal Topics
Abatement of Appeal, Recall of Judgment, Death of Accused
Criminal Law Abatement of Appeal Recall of Judgment Death of Accused

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Parties

MS.S.

Appellant

Sunil Kumar

Respondent No.1/accused

Procedural Posture

Criminal Appeal / Recall of Judgment; Appeal Dismissed as Abated

Legal Issues

  1. 1 Whether the judgment convicting the respondent No.1 can be given effect to in light of his prior death
  2. 2 Whether the appeal should be abated due to the death of the accused

Ratio Decidendi

Judgment dated April 10, 2015 convicting respondent No.1 under Section 376(1) IPC is recalled because it was rendered without knowledge of respondent No.1’s prior death; appeal abates.

Court Disposition

Appeal dismissed as abated; judgment recalled

Orders

  • Judgment dated April 10, 2015 is recalled
  • Criminal Appeal No. 1581 of 2009 is dismissed as abated due to death of accused