(1.) THIS is a criminal appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment and order dated 5.4.1989 passed by the IInd Additional Sessions Judge, Sultanpur in S.T. No. 23 of 1988 convicting the appellants under Section 376, I.P.C. and sentencing them to undergo for seven years' R.I. and a fine of Rs. 1,000 each.
(2.) DURING the pendency of the appeal, the accused-appellant Sita Ram has died, therefore, the appeal filed by appellant Sita Ram stands abated.
(3.) IN this case, it was not found a fit case to grant indulgence when the appeal was filed in the year 1989 and since then, it is pending and there is sufficient notice to the learned counsel for the appellant, therefore, I heard the Additional Government Advocate, perused the record and made scrutiny of the evidence on record myself.