MOHD. ISHTAR @ ISTAK & ANR. Vs. STATE

JUDGEMENT

(1.) The present appeal has been instituted by the appellants under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the impugned judgment dated 13.11.2013 and order on sentence dated 18.11.2013 passed by the Court of Additional Sessions Judge (hereinafter referred as 'ASJ'), Special Fast Track Court (North West District), Rohini Courts, Delhi in case FIR No. 187/2011 registered at Police Station - Kanjhawala, New Delhi, whereby the appellants were convicted under Section 376(2)(g) and 506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo rigorous imprisonment of ten years and a fine of Rs. 10,000 for the offence punishable under Section 376(2)(g) IPC and in default of payment of fine, to further undergo two years rigorous imprisonment. The appellants were further sentenced to undergo rigorous imprisonment of five years with a fine of Rs. 5000/- for the offence punishable under Section 506 of IPC and in default of payment of fine the appellants shall further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution as observed by the ASJ, vide its order dated 13.11.2013 is:-

(3.) Charge for offences under Section 376(2)(g) and 506 of IPC was framed against the appellants on 19.12.2011 to which they pleaded guilty and claimed trial.