Hon'ble Mrs. Poonam Srivastav, J. - (1.) Heard Sri M.P. Yadav, learned counsel for the appellant and learned A.G. A. for the State.
(2.) The appeal was filed by two accused namely Jafar and Rihan sentencing them to 5 years R.I. under Section 376 I.P.C. and a fine of Rs.1000/-. In default of payment of fine further imprisonment of 1 year. The appellants have been further convicted under Section 342 I.P.C. and a fine of Rs. 5000/- each was imposed and in default of payment of fine, three months further imprisonment.
(3.) The accused Rihan died during pendency of appeal and the appeal in respect of the appellant stood abated vide order dated 14.7.2009. The occurrence is alleged to have taken place on 29.4.1980 at 2.00 P.M. and . F.I.R. was lodged by prosecutrix herself on the same day at 20.15 at Police Station Nahtaur situated at a distance of 1 furlong. Injuries of the prosecutrix were examined on 30.4.1980 at 11.30 a.m. in District Hospital, Bijnor by Dr. Manju Gupta which is as under :;