SAMEER HUSSAIN AND ORS. Vs. THE STATE

JUDGEMENT

(1.) Both the above-mentioned appeals arise from the same incident, FIR and judgment, hence, are disposed of together.

(2.) Both the appellants have been convicted under Sections 393/34 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo rigorous imprisonment for three years each with fine of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for six months. AppellantSameer Hussain has also been convicted under Section 398 IPC and sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for one year. Sentences of appellant-Sameer Hussain have been directed to run concurrently. Aggrieved by their conviction as also the sentences handed down to them by the trial court, appellants have preferred these appeals.

(3.) Prosecution case, as unfolded, is that on 6th November, 2009 at about 02:30 pm, appellants along with one Raju (who could not be apprehended and was declared proclaimed offender) knocked the door of the house of complainant-Ms. Khashti Bisht and when complainant opened the door, they represented that they wanted to see the room which she was proposing to let out. Complainant took them to first floor and showed the room. After seeing the room, appellants along with their third accomplice went away.