MAHENDRA DAYAL, J. - (1.) THIS criminal appeal has been filed by the appellant challenging the judgment and order of conviction dated 26.11.1997 recorded by XIV Additional Session Judge, Lucknow in S.T. No.573/1996, whereby he has been convicted under Sections 363, 366 and 376 IPC. The period of sentence is three years each under Sections 363 and 366 IPC and seven years under Section 376 IPC. A fine of Rs.1,000/ - and Rs.500/ - has also been imposed.
(2.) I have heard learned counsel for the appellant and the learned AGA for the State.
(3.) DURING the pendency of appeal, the parties have filed compromise, which was sent to the Senior Registrar of this Court for verification and the same has been sent back to this Court after verification. It has been contended on behalf of the appellant that during trial, the appellant was in jail but before going to jail, he performed marriage with the prosecutrix in the year 1998 and since then they had been living as husband and wife. It has also been stated that three children were born out of this wedlock and presently the eldest daughter is aged about fourteen years while two sons are aged about eleven and eight years respectively. It has also been submitted that the appellant as well as the prosecutrix both are leading their happy married life along with their three children. There is no controversy between them. The submission on behalf of the appellant is that the appeal may be decided in terms of the compromise and his sentence may be reduced to the period already undergone considering the fact that the appellant and the victim both are now husband and wife having three children and are leading a peaceful and happy married life.;