Disposed¶2

Nathiram v. State of Uttarakhand

Uttarakhand HC9 Feb 2026CRJA/8/2021

Case brief

AI extract

What is this about?

Abatement of criminal appeal on death of appellant-convict; Section 394 CrPC; death in incarceration during pendency of jail appeal; District Jail Haridwar confirmation letter; AIIMS Rishikesh; POCSO Section 9(d) read with Section 10; IPC Section 376/511; concurrent sentences; fine Rs.5,000 with default clause; Additional Sessions Judge Roorkee judgment dated 19.01.2021; appellant Nathiram; counsel Pooran Singh Rawat and Brief Holder Vikash Uniyal; State of Uttarakhand; disposal of bail application; decided 09.02.2026 by Ashish Naithani, J.

What did the court decide?

The factum of death of the convicted prisoner Nathiram is taken on record and the record is consigned accordingly. ¶1

Nathiram Vs State of Uttarakhand — Child Sexual Offences (POCSO) | Uttarakhand HC (2026)

What the court decided

AI extract

Outcome

Disposed

¶2

Issue for consideration

Whether the proceedings pending before this Court against the convicted prisoner Nathiram abate on account of his death during the pendency of the appeal. +1 more

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Court's answer

The factum of death of the convicted prisoner Nathiram is taken on record and the record is consigned accordingly.

¶1

Ratio / Principle

In light of Section 394 of the Code of Criminal Procedure, the proceedings pending before this Court, if any, against the convicted prisoner Nathiram stand abated on account of his death.

¶2

Key takeaways

In view of the death of the appellant-prisoner, the present Criminal Jail Appeal stands disposed of and the bail application also stands disposed of.ratio¶2

Detailed headnote1 paragraphs

Criminal Jail Appeal (CRJA No.08 of 2021) — Ashish Naithani, J. (decided 09.02.2026): The sole appellant, Nathiram (son of Late Kishan Lal, resident of Bhagtowali, P.S. Jhabreda, District Haridwar), stood sentenced by the learned Additional Sessions Judge, Roorkee, vide judgment and order dated 19.01.2021, to five years' rigorous imprisonment and a fine of Rs.5,000/- (one month's additional simple imprisonment in default), the sentences running concurrently, for offences punishable under Section 376/511 IPC and Section 9(d) read with Section 10 POCSO. During the appeal, the State counsel apprised the Court that the appellant died on 04.12.2022 while undergoing medical treatment at AIIMS, Rishikesh, District Dehradun, corroborated by a letter dated 15.10.2025 of the Senior Superintendent Grade 1, District Jail Haridwar, which was made part of the record; the deceased had undergone four years and ten days of incarceration. Taking the factum of death on record and acting in light of Section 394 of the Code of Criminal Procedure, the Court held that the proceedings pending against the convicted prisoner stand abated on account of his death, and accordingly disposed of the Criminal Jail Appeal as well as the bail application.

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Office Notes, reports, orders SL. Dat or proceedings COURT’S OR JUDGE’S ORDERS or directions No. e and Registrar’s order with Signatures CRJA No.08 of 2021 Hon’ble Ashish Naithani, J. Mr. Pooran Singh Rawat, learned counsel for the Appellant. 2. Mr. Vikash Uniyal, learned Brief Holder, for the State of Uttarakhand. 3. During the course of argument, this Court has been apprised by the learned State counsel that the appellant Nathiram has passed away on 4^th December 2022, while undergoing medical treatment at AIIMS, Rishikesh, District Dehradun. Regarding this, learned State counsel has also filed a letter dated15.10.2025 received from Senior Superintendent Grade 1, District Jail Haridwar. The same shall be made part of the record. 4. It is further noted that the deceased Nathiram son of Late Kishan Lal resident of Bhagtowali, Police Station Jhabreda District Haridwar was sentenced to five years of rigorous imprisonment and fine of Rs.5000/- vide judgment and order dated 19^th January 2021 passed by the Court of the learned Additional Sessions Judge, Roorkee District Haridwar for offences punishable under Section 376/511 of the Indian Penal Code and Section 9(d) read with Section 10 of the Protection of Children from Sexual Offences Act and one-month additional simple imprisonment in case of non-payment, where both the sentences will run concurrently. 5. Perusal of the letter received from the Senior Superintendent, District Jail, Haridwar reveals that the convicted prisoner Nathiram has expired during the period of his incarceration. The factum of death of the convicted prisoner Nathiram is hereby taken on record. Let the record be consigned accordingly. 6. The record further reflects that the deceased had undergone

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a total period of incarceration of four years and ten days out of the sentence awarded to him. 7. In view of the aforesaid facts, and in light of the provisions contained under Section 394 of the Code of Criminal Procedure, the proceedings pending before this Court, if any, against the convicted prisoner Nathiram stand abated on account of his death. 8. In view of the death of the appellant-prisoner, the present Criminal Jail Appeal stands disposed of and accordingly bail application also stands disposed of. 9. Order accordingly. (Ashish Naithani, J.) 09.02.2026 Nitesh/

Nathiram v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Nathiram v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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