Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated 23-01-2008 passed by the learned Additional Sessions Judge & Presiding Officer, Court No. 7, Vadodara in Special (ACB) Case No. 13 of 2003. The respondent-accused, Kusumben Saradchandra Patel (since deceased through legal heirs), had been acquitted of offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. During the pendency of the appeal, it was brought to the court's notice that the respondent-accused had expired on 03.02.2023, as evidenced by a death certificate placed on record, a fact not disputed. The court examined Section 394(1) CrPC, which provides that every appeal under Section 377 or Section 378 shall finally abate on the death of the accused. The court held that the statutory mandate admits of no exception in the case of an appeal against acquittal, as no sentence survives and no penal consequence can be visited upon a deceased person. The legal position is well settled that upon the death of the accused, an appeal against acquittal becomes infructuous and cannot be proceeded with, the object of criminal prosecution being rendered otiose. Consequently, the appeal stood abated and the judgment and order of acquittal passed by the learned Trial Court attained finality. The court disposed of the appeal accordingly.
Headnote
A) Criminal Procedure - Abatement of Appeal - Death of Accused - Section 394(1) Code of Criminal Procedure, 1973 - Appeal under Section 378 CrPC against acquittal abates on death of accused, as no sentence survives and penal consequences cannot be visited upon a deceased person - Held that the appeal becomes infructuous and cannot be proceeded with (Paras 3-5).
Issue of Consideration
Whether an appeal against acquittal under Section 378 CrPC abates upon the death of the accused-respondent.
Final Decision
Appeal abated; judgment and order of acquittal dated 23-01-2008 attained finality.
Law Points
- Abatement of appeal against acquittal on death of accused
- Section 394(1) CrPC
- Section 378 CrPC
- Prevention of Corruption Act 1988
