SUNIL KUMAR GARG - (1.) This is an appeal filed by the accused appellant against the judgment and order dated 2-7-1984 passed by the learned Sessions Judge, Balotra Camp Barmer in Sessions Case No. 51/83 by which he convicted the accused appellant for the offence under Section 376 IPC and sentenced him to undergo five years' rigorous imprisonment and to pay fine of Rupees 2,000/-, in default of payment of fine, to further undergo nine months SI. The learned Sessions Judge further directed that in case of realisation of the said amount of fine, Rs. 1000/- as compensation be paid to the prosecutrix Smt. Devi.
(2.) Before proceeding further, it may be stated here that this Court vide judgment and order dated 14th December, 1999 rejected the appeal of the accused appellant. Aggrieved from the said judgment and order dated 14th December, 1999, the accused appellant preferred SLP before the Hon'ble Supreme Court, where SLP was granted and the case was registered as Criminal Appeal No. 509/2000. The Hon'ble Supreme Court vide order dated 10th July, 2000 disposed of the said appeal and passed the following order :- "Special leave granted. After hearing learned counsel for the parties we are of the opinion that the High Court ought to have discussed the evidence on record in some detail before deciding the first appeal. Without giving any further observations, we set aside the judgment of the High Court with a direction that Criminal Appeal No. 270 of 1984 shall be decided afresh in accordance with law. The appellant will remain on bail pending disposal of the said appeal."
(3.) In the above circumstances, this appeal has again come up before this Court.;