HIGH COURT OF UTTARAKHAND, AT NAINITAL Government Appeal No. 399 of 2007 State of Uttarakhand. …..Appellant Versus Noor Mohammad, S/o Mohammad Kasim, R/o Brahampuri, Lohiyanagar, P.S. Patel Nagar, District Dehradun. …….Respondent Mr. Amit Bhatt, Addl. Government Advocate for the appellant-State. None for the respondent JUDGMENT Hon’ble J.C.S. Rawat, J. This is a government appeal filed by the State against the judgment and order dated 05.11.2003 passed by the then learned Addl. Sessions Judge/F.T.C. VII, Dehradun in Session Trial NO. 126/2003 for the charge punishable under Section 376 IPC whereby the learned Addl. Sessions Judge has acquitted the accused-respondent of the charge leveled against him. 2. Aggrieved by the aforesaid judgment and order, the appellant-State preferred this appeal. 3. Mr. R.S. Hyanki, S.H.O., Police Station-kotwali Dehradun, District-Dehradun has filed an affidavit alongwith an application stating therein that the accused-respondent has died on 21.5.2004 in his house in Lohia Nagar Niranjanpur, Near Baszid Kotwari, Patel Nagar, District Dehradun. Copy of the death certificate of the accused-respondent has also been annexed with the aforesaid affidavit. 4. Since, the sole respondent has died in this appeal, as such, nothing is left to be decided. 5. In view of the above, the appeal stands abated and the same is dismissed as abated. (J.C.S. Rawat, J.) Dated 18.6.2008 V.K.