GULAB C. GUPTA, J.

( 1 ) BY this order, the right of the appellant to be represented by an Advocate at State expense purporting to be under section 304, Cr. P. C. read with Article 21 of the Constitution of India, is being decided and since this question arises in almost every jail appeal, it is decided by a separate order so that it governs all such pending appeals.

( 2 ) THE appellant remains convicted for an offence punishable under section 376, I. P. C. and sentenced to five years R. I. He is in jail since 18. 2. 1986. Record of the Sessions Trial indicates that on 17. 7. 1986, he informed the learned Sessions Judge that he was not in a position to engage an Advocate to defend himself. The Court, therefore, appointed one Shri S. P. Sharma, Advocate, as amicus curiae to defend him. He was accordingly defended. After his conviction in the Sessions Trial, the appellant sent this appeal to this Court, while undergoing jail sentence at Central Jail, Raipur. This Court seems to have a system of providing legal aid to persons filing appeals from jail. Following the aforesaid system, this Court appointed one Shri R. P. Khare, Advocate to be the appellant's counsel and help him in pursu

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