STATE OF GUJARAT Vs. ANSINGBHAI JESINGBHAI RATHAVA

JUDGEMENT

(1.) PRESENT Criminal Appeal has been preferred by the appellant -State of Gujarat challenging the impugned judgment and order dated 23.12.2005 passed by the learned Presiding Officer - Additional Sessions Judge, Fast Track Court No.12, Vadodara passed in Special (ACB) Case No. 7 of 2002 acquitting the respondent herein original accused for the offences under Sections 7, 13(1)(D) and 13(2) of the Prevention of Corruption Act.

(2.) PRESENT appeal was notified on board on the note filed by Shri Parthiv Shah, learned advocate appearing on behalf of original accused submitting that the respondent herein -original accused has died/ expired on 22.8.2012 and therefore, present appeal is required to be dismissed having been abated. Thereafter we adjourned the matter to get necessary instruction by the learned Additional Public Prosecutor and to confirm whether in fact the sole accused has died or not.

(3.) TODAY when the present appeal is taken up for further hearing, Shri Dabhi, learned Additional Public Prosecutor appearing for the State has produced on record the report dated 6.4.2013 by Superintendent of Police, Vadodara (Rural), Vadodara address to office of Public Prosecutor along with report by Deputy Superintendent of Police, Chhotaudepur Division, Chhotaudepur confirming the death of respondent herein original accused -sole respondent on 28.8.2012. The same is directed to be taken on record. Thus, death of the respondent herein -original accused is confirmed.