(1.) This appeal takes an exception to the judgment and order dated 26.2.1998 passed by the learned IInd Additional Sessions Judge, Solapur in Sessions Case No. 239 of 1997. By the impugned judgment and order, the appellants, who were the accused Nos.1 and 2 respectively before the trial court, have been convicted for the ofence punishable under section 376(G) of the Indian Penal Code, 1860 (for short "IPC ") and sentenced to sufer Rigorous Imprisonment for a period of fve years and to pay fne of Rs.3,000/- each, in default, to sufer Rigorous Imprisonment for six months.
(2.) Appellant No.1 / accused No.1 died during the pendency of the appeal.
(3.) We have heard the learned counsel for the appellant No.2/accused No.2 and the learned APP for the respondent - State.