( 1 ) THIS is an appeal against the order dated 22-11-1985 of Mr. V. S. Aggarwal, Addl. Sessions Judge, Delhi, convicting the appellant under Sections 392 and 397 Indian Penal Code. and sentencing him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 200. 00 for the offence under Section 392 Indian Penal Code. and in default of payment of fine to undergo further rigorous imprisonment for 3 months, and further sentencing him under Section 397 Indian Penal Code. to rigorous imprisonment for 7 years and to pay a fine Rs. 200. 00 and again in default of payment of fine to undergo further rigorous imprison ment for 6 months. Both the substantive sentences of imprisonment were further ordered to run concurrently.

( 2 ) THE appellant, Salim, along with two others, namely, Satish Kumar and Avadh Kumar, was charged firstly for an offence under Sections 392/34 I. P. C. and secondly for an offence under Section 397 Indian Penal Code. read with Section 392 Indian Penal Code. The first charge against these three persons was that on 22-8-1984 at about 7. 30 p. m at Pushta behind Adarsh Nagar near Nullah within the jurisdiction of Police Station Adarsh Nagar, t