(1.) The appellants in both criminal appeals have challenged the judgment and order dated 9.4.2002 passed by the learned Additional Sessions Judge, Bahraich in Sessions Trial No.266 of 1998 (State v. Dhaniram and others) whereby the learned court below has convicted them under Section 376 and 394 IPC and sentenced them to undergo 10 years RI with fine of Rs.5000/- each under Section 376 IPC and to undergo 7 years RI and fine of Rs.5000 each under Section 394 IPC. In default of payment of fine, the appellants have been directed to undergo further 1 year SI.
(2.) Since both criminal appeals have arisen out of same judgment and common facts are involved, both the appeals are being decided by a common order.
(3.) Heard Shri Rakesh Pandey, learned counsel for the appellant - Rabbul Husain in Criminal Appeal No.500 of 2002; Shri G.P. Mishra, learned counsel for the appellant - Dhani Ram in Criminal Appeal No.714 of 2002 and Shri Sharad Dixit, learned AGA for the State respondent.
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