DHARMMUNI JOSHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Syed Ali Imam, learned counsel for the accused-appellants and learned A.G.A. for the State.

(2.) Most unfortunate aspect of this litigation is that despite the fact that the incident occurred in the year 2008, the accused are in jail since 7/8/2014.

(3.) This appeal challenges the judgment and order dtd. 7/8/2014 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Banda in Special Criminal Case No.77 and 107 of 2008, under Ss. 366, 368, 376 I.P.C. and 3(2)V SC/ST Act (State vs. Dharmmuni Joshi and Balkhandi Giri) wherein the learned Special Judge has convicted and sentenced accusedappellants, Dharmmuni Joshi and Balkhandi Giri, under Sec. 376 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') read with Sec. 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act) and sentenced them to imprisonment for life with fine of Rs.10,000.00 each (Default sentence one year). Under Sec. 368, they were sentenced to ten years' rigorous imprisonment with fine of Rs.5,000.00 and, in case of default in payment of fine, further to under go six months simple imprisonment. Accused-appellant, Dharmmuni Joshi was also sentenced under Sec. 366 of IPC for ten years' rigorous imprisonment with fine of Rs.5,000.00and, in case of default in payment of fine, further to under go six months simple imprisonment.