SHAKOOR Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appel lant u/s 374 (2) of The Code of Criminal Procedure, 1973 (here -in - after to be re ferred as Cr. P. C.), is directed against the judgment and order dated 09 -10 -1990 passed by IHrd Additional Sessions Judge, Dehradun in S. T. No. 117 of 1986 and S. T. No. 43/1988, whereby the learned Sessions Judge has convicted the appel lant/accused Shakur under Sections 366/376 of The Indian Penal Code, 1860 (hereinafter to be referred as I. P. C.) and sentenced him to seven years R. I. u/s 366 IPC and further seven years R. I. u/s 376 IPC. Both the sentences were directed to run concurrently. Co -accused Asgar @ Tota was also convicted u/s 366 IPC and was sentenced to seven years R. I. Another co - accused Shakila was acquitted of the offences punishable u/s 363/366 IPC.

(2.) Co -accused Asgar @ Tota also pre ferred a criminal appeal No. 496/2001 (Old No. 1928/1990) against the aforesaid judgment and order dated 09 -10 -1990. During the pendency of the said appeal, co - accused Asgar @ Tota had died, there fore, the said appeal stood abated vide order dated 25 - 07 -2005 passed by this Court.

(3.) I have heard Sri Anoop Kumar, Adv. holding brief of Sri C. D. Bahuguna, learned counsel for the appellant/accused and Sri MA Khan, learned brief holder for the State and perused the entire ma terial available on record.