NAZIR AHMAD Vs. STATE

JUDGEMENT

(1.) APPELLANT-NAZIR Ahmed s/o Shri Alaf Din Gujjar stands convicted under Section 376, R, P, C,, vide impugned judgment of learned 2nd Additional Sessions judge, Jammu, dated 28-12-1987 for allegedly committing rape with his own wifi whom he had divorced by virtue of a rigistired Divorce Deed of 1978, He has been sentenced to undergo simple imprisonment for two years and a fine of Rs, 5. 000/- which is ordered to be paid to the prosecutrix (wife ).

(2.) AS per the report submitted by the superintendent, District Jail, Jammu, the appellant remained lodged in the jail from 29-1-2005 to 24-12-2005. This indicates that he has undergone about one year of substantive sentence.

(3.) RECORD reveals that the instant appeal was earlier dismissed on 31-5-2000 by this Court (Hon'ble Mr. Justice Tejinder singh Daobia ). Subsequently, the appellant moved a petition bearing No. 561 -A, Cr. P. C. 15/2005 for treating the earlier decision as non est on the ground that the counsel for appellant was not present on the day when the appeal was dismissed. This Court (Hon'ble Mr. Justice J. P. Singh), vide order dated 3-3-2006, while reviving the main appeal observed thus;