Bombay High Court

SUDAM NAVASHA VONGA .versusSTATE OF MAHARASHTRA .

Decided: 23 September 2026
Disposal: Dismissed

Holding

The appeal is dismissed as abated because the appellant died during its pendency.

Summary

The appellant, Sudam N. Vanga, was convicted by an Assistant Sessions Judge in Palghar for an offence under Section 376 of the Indian Penal Code and sentenced to seven years of rigorous imprisonment. He filed Criminal Appeal No. 714 of 2001 challenging the conviction and sentence. During the pendency of the appeal, a police report dated 2 September 2026 indicated that the appellant had died on 8 February 2016. The High Court considered the effect of the appellant’s death on the pending criminal appeal. Applying the principle that criminal proceedings abate upon the death of the accused, the Court dismissed the appeal as abated. The judgment thus upheld the procedural rule that an appeal cannot continue when the appellant is deceased.

Issues considered

Whether a criminal appeal can continue after the death of the appellant

Legislation cited

Indian Penal Code — s. 376

Subjects

Criminal Law
Rape
Section 376 IPC
Appeal
Abatement
Death of Accused

Judgment

                                                         11-apeal-714-2001.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO. 714 OF 2001

Sudam N. Vanga                                 …Appellant
     V/s.
State of Maharashtra                           ...Respondent.

                               …………..
None for the Appellant.
Mrs. Rutuja Ambekar, APP for the Respondent/State.
                            …………..

                              CORAM        :   N.R. BORKAR, J.
                              DATE         :   23.09.2026.
P.C. :

1.       This appeal takes exception to the judgment and order dated
29.8.2001 passed by the learned Ad-hoc Assistant Sessions Judge,
Palghar in Sessions Case No.211 of 2001 (Old case No.232 of
2000).


2.       By the impugned judgment and order, the learned Assistant
Sessions Judge has convicted the appellant for the offence
punishable under Section 376 of the Indian Penal Code, 1860 and
sentenced him to suffer R.I. for 7 years.


3.        The report submitted by the concerned police station dated
2.9.2026 shows that during pendency of the present appeal the
appellant has expired on 8.2.2016. In that view of the matter, the
Appeal is dismissed as abated.

                                               [N.R.BORKAR, J.]


Dinesh S. Sherla                     1/1

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