Supreme Court · 2015 INSC 1038 · Decided 16 November 2015
MS.S. v. Sunil Kumar and ANR.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 1038 · [2015] 11 S.C.R. 77
- Case number
- CRIMINAL APPEAL No. 1581/2009
- Decided
- 16 November 2015
- Bench
- PINAKI CHANDRA GHOSE, R.K. AGRAWAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(1)
Headnote
A B Abatement- Of-appeal- Supreme Court by judgment dated April 10, 2015 had convicted respondent No. 1/accused C uls. 376(1) /PC directing to take him into custody- Later the Court was informed that the accused had already died on October 14, 2012- Held: The factum of death of the accused was not time when the judgment dated April 10, 2015 was passed - The same o cannot be given effect to - Therefore, the judgment dated April 1 o, 2015 is recalled, dismissing the appeal for having become abated - Judgment - Recalling of - Penal Code, 1860-s.376(1). CRIMINAL APPELLATE JURISDICTION: Criminal
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)