S. Vs. SUNIL KUMAR AND ORS.

JUDGEMENT

(1.) By a judgment delivered on April 10, 2015, this Court allowed the appeal and convicted respondent No.1 for having committed the offence under Section 376(1) of the Indian Penal Code and sentenced him to undergo imprisonment for seven years and also imposed a fine of L 5,000/- which was to be paid in its entirety to the appellant. However, the acquittal of Respondent No.1 for the offence under Section 3(2)(V) of the Act was confirmed. Respondent No.1 was directed to be taken into custody forthwith to undergo the sentence as aforesaid.

(2.) In spite of service of notice, when the appeal was fixed for hearing from time to time, none appeared before this Court to represent respondent No.1. In these circumstances, it led this Court to appoint an amicus in this matter to appear on behalf of respondent No.1 accused.

(3.) The State of Chhattisgarh was duly represented by its counsel. The appellant was also represented through the Supreme Court Legal Services Committee. However, the State and the appellant, none of the parties, drew the attention of this Court that respondent No.1/accused has already died. Accordingly, hearing of appeal was taken up and concluded on 13th March, 2015. The judgment was delivered by this Court on April 10, 2015.