Hon'ble Mrs. Vijay Lakshmi, J.

The instant Criminal Appeal is directed against the judgment and order dated 9.10.2009 passed by the Additional Sessions Judge/ F.T.C. No. 3, District Basti, in S.T. No. 400 of 1999, State Vs. Bade, whereby convicting the appellant for ten years' R.I. under section 376 I.P.C. with fine of Rs. 5000/- and in default of payment of fine, for a further imprisonment of six months. The appellant has also been convicted under section 3(2)(5) SC/ST Act with ten years' R.I. and fine of Rs. 5000/- and in default of payment of fine for a further imprisonment of six months.

At the very outset, it is worth mentioning that this appeal was admitted on 6.11.2009. However, no order was passed on the bail prayer made by the appellant. Hence he remained in jail and is still in jail. On 13.12.2016 he was produced before this court from jail and on his request, amicus curiae was provided to him and Sri Neeraj Srivastava, Advocate, was appointed to assist this Court as amicus curiae.

Heard Sri Neeraj Srivastava, learned Amicus Curiae, for the appellant and Sri Shanti Prakash Patel, learned AGA for the State. Perused the record.

The brief facts of the prosecution