1. Appellant-Nazir Ahmed S/O Shri Alaf Din Gujjar stands convicted under section 376 RPC, vide impugned judgment of learned 2nd Additional Sessions, Judge, Jammu, dated 28-12-1987 for allegedly committing rape with his own wife whom he had divorced by virtue of a registered Divorce Deed of 1978. He has been sentenced to undergo simple imprisonment for two years and a fine of Rs. 5,000/- which is ordered to be paid to the prosecutrix (wife).

2. As per the report submitted by the Superintendent, District Jail, Jammu, the appellant remained lodged in the jail from 29-01-2005 to 24-12-2005. This indicates that he has undergone about one year of substantive sentence.

3. Record reveals that the instant appeal was earlier dismissed on 31-05-2000 by this Court (Honble Mr. Justice Tejinder Singh Doabia). Subsequently, the appellant moved a petition bearing No.561-A Cr.P.C. 15/2005 for treating the earlier decision as nonest on the ground that the counsel for appellant was not present on the day when the appeal was dismissed. This Court (Honble Mr. Justice J. P. Singh), vide order dated 03-03-2006, while reviving the main appeal observed thus;

"Both the learned counsel are not at variance that

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