STATE OF RAJASTHAN Vs. HANIF KHAN

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the judgment of a Division bench of the Rajasthan High Court at Jodhpur allowing the appeal filed by the respondents. Learned Additional Sessions Judge (Fast Track Court), Anoopgarh, Sriganganagar Rajasthan had convicted the respondents for offences punishable under Sections 376(2)(g), 302 read with Section 34, 201 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ). For the offence relatable to Section 372(2)(g) each was sentenced to undergo for rigorous imprisonment for 10 years, for the offence relatable to Section 302 read with Section 34 to life imprisonment and for the offence relatable to Section 201 read with Section 34 IPC for five years and in each case fine was imposed with default stipulation. Two appeals were filed by the accused persons. Both the appeals were allowed.

(3.) Prosecution version in a nutshell is as follows: