JUDGMENT :

Umesh Chandra Sharma, J.

1. These appeals have been preferred by the convicted accused appellants against the order of conviction and sentencing passed by ASJ, Court No.4, Pilibhit on 25.08.2011 in Crime No.1051 of 2010, under Section 376(2)(g) IPC, PS Newriya, District Pilibhit, whereby the accused appellants were convicted under Section 376(2) (g) IPC and were awarded life imprisonment and Rs.10,000/-fine each and in case of non-payment of fine they had to undergo for one year's additional rigorous imprisonment.

2. Heard Sri Kuldeep Johri and Sri Ankur Singh Kushwaha, learned amicus curiae appearing for the appellants, learned AGA for the State and perused the record.

3. At the outset as per CJM report dated 11.05.2022 and the office report dated 17.11.2022 the accused-appellant, Lal Jeet has died, therefore, the appeal so far as Lal Jeet is concerned, stands abated.

4. In brief, facts of the case are that informant Tej Ram, father of the victim aged about 7 years lodged FIR in PS Newriya, District Pilibhit, alleging that on 30.09.2010 his daughter, student of class-three in primary school, Tandola, was playing outside the house at around 7 p.m. when Lal Jeet, son of Budh S