(1.) THIS appeal is filed under Section 374(2) of the Code of Criminal Procedure against the judgment dated 03.03.1997 passed by the 4th Additional Sessions Judge, Sagar in Sessions Trial No.403/1995, whereby the Sessions Court convicted the appellantPradeep under Section 376 of IPC and sentenced rigorous imprisonment for seven years and fine of Rs.200/ -, with default stipulation.
(2.) IT is alleged that the appellant has committed offence of rape with the 12 years old prosecutrix, after completion of investigation challan was filed before the Court concern which in his turn committed the case for trial to the Sessions Court, Sagar which is made over to the learned Additional Sessions Judge.
(3.) AS it was an old appeal pending since 1997, hence in absence of the appellant as well as learned counsel for the appellant, matter is heard finally for which learned counsel for the respondent -State has extended full cooperation to consider the case of the appellant.