JAI PRAKASH SHARMA Vs. STATE

JUDGEMENT

(1.) THE instant appeal has been preferred against the judgment and order dated 27.5.1982 passed by the Additional Sessions Judge, Gorakhpur in S.T. No. 10 of 1982 whereby the appellants have been convicted under Section 376 I.P.C. for rigorous imprisonment of seven years.

(2.) OUT of the three appellants, appellant Nate @ Ram Samujh had died on 9.2.2002 during the pendency of the appeal, therefore, the appeal stood abated against him. The appellant Ashok Kumar who was on bail was taken into custody on 26.9.2007 as bailable warrant was issued against him and other appellant on 2.7.2007 by this court. Appellant Ashok Kumar remained in judicial custody since 26.7.2009 has already served out a total period of sentence of seven years one month and 16 days in judicial custody and had been released on 13.3.2013 according to the report of the Chief Judicial Magistrate based on the report submitted by the Superintendent of Police, District Jail, Gorakhpur, therefore, this court is only concerned with the case of appellant no.1 Jai Prakash Sharma against whom the order dated 2.7.2007 and 7.8.2007 regarding bailable warrant has been recalled by this court on 24.8.2007.

(3.) THE name of the victim is not being indicated to prevent her social victimization.