Pradeep Kumar, J. - (1.) ON repeated call, nobody appears on behalf of the Appellant to argue this case.
(2.) ON the request of the Court, Mr. Tapas Roy argued this case as Amicus Curie. The instant appeal is directed against the judgment of conviction dated 05.07.2002 and order of sentence dated 08.07.2002 respectively passed in S.C. No. 130 of 2001 by Shri Abhay Shankar Mishra, 2nd Additional Sessions Judge, Dumka, by which judgment he found the Appellant guilty under Sections 376 and 323 of the Indian Penal Code and sentenced him R.I. for seven years under Section 376 of Indian Penal Code and also to pay fine of Rs. 1000/ and in default to pay the fine further to under R.I. for six months and R.I. for one year under Section 323 of the Indian Penal Code and directed that both sentences will run concurrently.
(3.) IT is submitted by the learned Counsel for the Appellants that appeal was admitted, but no bail was granted to the Appellant while admitting the appeal on 17.02.2003. Subsequently, the prayer for ball of the Appellant was refused on 02.04.2003. Thereafter, the Appellant remained in custody for more than seven years, as such, he has served the full sentence and the appeal has become infructuous and he may be released.;