JUDGMENT

Swarana Kanta Sharma, J.

1. The present appeal has been filed by appellant under Section 374 of the Code of Criminal Procedure, 1973 ('Cr.P.C') challenging the impugned judgment dated 22.09.2010 and order on sentence dated 25.09.2010 passed by learned Additional Sessions Judge (North West- 04), Rohini, Delhi in case FIR bearing no. 85/2008 whereby learned Additional Sessions Judge has convicted both the accused persons for committing offences punishable under Section 363/365/34 of the Indian Penal Code, 1860 ('IPC').They were also convicted for committing offence punishable under Section 376 of IPC.

2. At the outset, it is pertinent to note that State had preferred an appeal i.e. Crl. A. 1067/2013 seeking enhancement of sentence to life imprisonment. The co-accused Naresh expired during the pendency of the appeal and his appeal as well as the appeal filed by the State stood abated. The present appeal as well as appeal of the State qua appellant Sanjeev Kumar remained pending. The appellant Sanjeev Kumar also passed away on 15.05.2021, however wife of the appellant vide Crl.M.A. No. 4464/2022 sought leave of the Court to continue the appeal under provision of Section 394-