1. Appellant Sanjeev @ Sanju, through instant jail appeal has questioned the legality and sustainability of his conviction u / S.366, and 376, IPC and awarded sentences of 5 years R.I. with fine of Rs.5,000/- on the first count and 7 years R.I. with fine of Rs.5,000/- on the second count with further direction that in default of payment of fine on each of the counts appellant shall under go three months further simple imprisonment for each of them implanted by Additional District and Sessions Judge, Chandausi, Moradabad in Session Trial No.312 of 2008, State v. Sanjeev @ Sanju, vide impugned judgment and order dated 9.3.2009.

2. Appellant's appeal was admitted on 10.4.2009 and was directed to be listed for final hearing. Today the appeal is listed and in joint agreement with Sri Mohit Singh learned counsel for the appellant, who meanwhile had filed power on behalf of the appellant and Sri K.N. Bajpai learned A.G.A., the appeal was heard finally and is being disposed off by this order.

3. The gravamen of the charge levelled against the appellant as is perceptible from written FIR Ext. Ka - 1,dated 16.1.2007 and chik FIR Ext. Ka 10, dated 19.10.2007, and later on testified before the t