The High Court of Judicature at Allahabad dismissed a criminal appeal on the grounds that the appellant, Israr, who had been convicted in a trial for rape under Section 376 IPC, had died approximately nine years prior to the filing of the appeal.
The criminal appeal was dismissed on the ground of abatement due to the death of the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:181439-DB
Court No. - 46
Case :- CRIMINAL APPEAL No. - 2709 of 2009
Appellant :- Israr Respondent :- State of U.P. Counsel for Appellant :- R.L. Verma,Dinesh Pathak,Sanjay Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
This appeal has been preferred by the accused-appellant Israr S/o Azaz, who has been convicted and sentenced in Session Trial No.51 of 2008 arising out of Case Crime No.502 of 2007 under Section 376 I.P.C., Police Station- Kant, District- Shahjahanpur.
At the time when the appeal is called out for hearing, we are informed by the office that a report has been submitted in the matter by the Chief Judicial Magistrate, Shahjahanpur, as per which, the accused-appellant Israr has died almost nine years back. Necessary documents in support of such conclusion have also been annexed along with the report of the Chief Judicial Magistrate.
In that view of the matter, this appeal abates and is, accordingly, dismissed .
Order Date :- 20.9.2023 SP/-
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
Israr
State of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
