Citation : 2022 Latest Caselaw 21833 ALL
Judgement Date : 19 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- GOVERNMENT APPEAL No. - 250 of 2020 Appellant :- State of U.P. Respondent :- Surjeet Counsel for Appellant :- G.A. Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
This appeal is directed against the judgment and order of acquittal of the accused respondent dated 28.08.2020 passed by learned Additional District and Sessions Judge/Special Judge POCSO Act, in Special Criminal (POCSO) Case No. 20 of 2019 (State of U.P. Vs. Surjeet) arising out of Case Crime No. 388 of 2018, under Sections 302, 201, 376/511 of IPC and Section 3/4 POCSO Act, Police Station Bansi, District Siddharth Nagar.
The appeal itself was admitted on 08.08.2022 and bailable warrant was issued to secure the presence of accused respondent- Surjeet.
A communication has been received from the Chief Judicial Magistrate, Siddharth Nagar stating that the accused- Surjeet has already died on 02.01.2021. Supporting material in support of such conclusion has been annexed by the concerned Magistrate including the death certificate issued to the deceased.
In view of the fact that the accused respondent has already died, we find that the appeal filed by the State itself has abated and the same is accordingly dismissed as abated.
Order Date :- 19.12.2022
SK Srivastava
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