AYYUB Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforesaid appeals filed separately on behalf of accused-appellants are directed against the judgment and orders dated 7.11.2014 passed by the First Additional Sessions Judge, Court No.1, Saharanpur in S.T. No.402 of 2012 (State Vs. Mumtaj @ Muntyaz and others) , whereby the appellants have been convicted under sections 366/34, 376(2)(G), Penal Code and sentenced to undergo rigorous imprisonment of 10 years each on both the counts. They have also been fined with Rs.2,000.00 each on both the counts. In default of payment of fine they have been directed to undergo further rigorous imprisonment of two years on both the counts. Both the appellants, by the same judgment, have been acquitted from the charges framed against them under sections 363, 323/149 and 120B, IPC. Non-appellants/coaccused Mumtaj @ Muntyaz and Shaukeen S/o Mannu have also been acquitted from all the charges framed against them.

(2.) Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record of the case.

(3.) The facts of the present case giving rise to the present appeal may be summarized as under:-