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Bombay High Court

SHRI VAHID SHAMSUDDIN SONDE .versusTHE STATE OF MAHARASHTRA .

Decided
Disposal
Abated

Holding

The appeal is abated and dismissed due to the death of the appellant.

Summary

The appellant, Vahid Shamsuddin Sonde, was convicted by the Additional Sessions Judge, Raigad-Alibag, for offences under IPC Sections 363, 366, 376 and for an offence under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, receiving rigorous imprisonment of three, five, seven and one year respectively. He filed a criminal appeal (No. 911 of 2000) challenging the judgment. During the pendency of the appeal, a police report indicated that the appellant died on 1 September 2007. The High Court, noting the appellant's death, held that the appeal could not continue. Consequently, the court dismissed the appeal as abated.

Issues considered

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

Legislation cited

Subjects

  • criminal appeal
  • abated appeal
  • death of appellant
  • IPC
  • SC/ST Act

Judgment

                                                          1                12-APEAL 911-2000.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO.911 OF 2000

                       Shri Vahid Shamsuddin Sonde                    … Appellant
                             Vs.
                       The State of Maharashtra & Anr.                … Respondents
                                                              -----
                       None for the Appellant.
                       Mr. Y. Y. Dabake, APP for the Respondent-State.
                                                          -----

                                                       CORAM :        N.R. BORKAR, J.
          Digitally
          signed by
          MUGDHA                                       DATE    :      21ST SEPTEMBER 2026
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.09.21
                       P.C. :
          15:12:06
          +0530




                       1.       This Appeal takes exception to the judgment and order dated 28 th
                       September 2000 passed by the Additional Sessions Judge, Raigad-Alibag
                       in Special Criminal Case No.4 of 1996.


                       2.       By the impugned judgment and order, the Learned Additional
                       Sessions Judge has convicted the present Appellant for the offences
                       punishable under Sections 363, 366, 376 of the Indian Penal Code and
                       sentenced him to suffer rigorous imprisonment for three years, five years
                       and seven years respectively. The Learned Additional Sessions Judge has
                       further convicted the Appellant for the offence punishable under Section
                       3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of
                       Atrocities) Act and sentenced him to suffer rigorous imprisonment for one
                       year.




                            Mugdha                                                                 1 of 2
                                  2              12-APEAL 911-2000.doc



3.       The report submitted by the concerned police station dated 17 th
August 2026 shows that during pendency of the present Appeal, the
Appellant has expired on 01st September 2007.


4.       In that view of the matter, the Criminal Appeal is dismissed as
abated.


                                           (N.R. BORKAR, J.)




     Mugdha                                                              2 of 2


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