JUDGMENT

Appellant challenges the judgment dated 16.02.2022 in S.C.No.106/2016 on the files of the Assistant Sessions Court, Palakkad, which found him guilty for the offence under Section 376 (2)(1) of the Indian Penal Code, 1860 . After the trial court found the accused guilty, he was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.50,0000/- in default to undergo rigorous imprisonment for one year.

2. During the pendency of this appeal, it was informed on 17.10.2024 by the learned counsel that appellant had expired and on 04.08.2025, time was sought to implead the legal heirs. Subsequently, on 07.10.2025, the learned counsel again sought time to get instructions as to whether the legal heirs are intending to prosecute the appeal. Thereafter, on 13.11.2025 it was informed that the legal heirs are not interested to pursue the appeal despite, the learned counsel having informed them that the legal heirs are required to be brought on record. Even though this Court adjourned the matter again, still the legal heirs have not come on record.

3. Even though the legal heirs of the appellant are not interested to pursue this appeal, since a sentenc