This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 09.10.1990 passed by IIIrd Additional Sessions Judge, Dehradun in S.T. No.117 of 1986 and S.T. No.43/1988, whereby the learned Sessions Judge has convicted the appellant/accused Shakur under Sections 366/376 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to seven years' R.I. u/s 366 IPC and further seven years' R.I. u/s 376 IPC. Both the sentences were directed to run concurrently. Co- accused Asgar @ Tota was also convicted u/s 366 IPC and was sentenced to seven years R.I. Another co- accused Shakila was acquitted of the offences punishable u/s 363/366 IPC.

2. Co-accused Asgar @ Tota also preferred a criminal appeal No.496/2001 (Old No.1928/1990) against the aforesaid judgment and order dated 09.10.1990. During the pendency of the said appeal, co-accused Asgar @ Tota had died, therefore, the said appeal stood abated vide order dated 25.07.2005 passed by this Court.

3. I have heard Sri Anoop Kumar, Adv. holding brief of Sri C.D. Bahuguna, learned counsel for