Case Note & Summary
The State of Gujarat filed an appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973, challenging the judgment dated 04.04.2003 passed by the learned Joint District Judge & Additional Sessions Judge, (Fast Track Court NO.1), Bharuch in Sessions Case No.17 of 2000, whereby the respondent-original accused No.1, Anishkhan Murtujakhan Pathan, was acquitted of charges. The case of the prosecution was that on 24.10.1999, the complainant (husband of the deceased) received a phone call from a neighbour asking him to rush home. Upon arrival, he found his wife lying face down with stab wounds on her neck and chest. After investigation, charge-sheet was filed against four accused, including the respondent. Three accused absconded during trial. The present appeal was preferred by the State. When the appeal came up for hearing, learned APP Mr. J.K. Shah appeared for the appellant State. No one appeared for the respondent. The APP submitted a report dated 20.02.2026 from the Police Inspector, Ankleshwar GIDC police station, stating that the respondent-original accused No.1 is not traceable at his residence. The court took the report on record. The court noted that the appeal was preferred by the State under Section 378(1)(3) CrPC challenging the acquittal. Since the respondent-accused could not be traced and no representation was made on his behalf, the court held that the appeal cannot proceed and dismissed it for non-prosecution.
Headnote
A) Criminal Procedure Code - Appeal Against Acquittal - Section 378(1)(3) CrPC - Abatement - State appeal challenging acquittal of accused in murder case - Respondent-accused untraceable as per police report - No representation despite notice - Held that appeal cannot proceed and is dismissed for non-prosecution (Paras 1-3).
Issue of Consideration
Whether the State appeal against acquittal can be sustained when the respondent-accused is untraceable and not served.
Final Decision
The appeal is dismissed for non-prosecution as the respondent-accused is untraceable and no representation is made on his behalf.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- abatement of appeal
- untraceable accused
- criminal appeal dismissal
