MAHENDRA Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid criminal appeals filed on behalf of the accused-appellants are directed against the judgment and order dated 24th November, 2005 passed by Sri J.P.Singh, Additional Sessions Judge, Court No.14, Meerut in S.T. No.1371 of 2002 (State vs. Mahendra and another) under sections 363, 376 I.P.C., Police Station Bahasuma, District Meerut, whereby appellant Mahendra has been convicted under section 376 I.P.C. and sentenced to undergo rigorous imprisonment of ten years and to pay fine of Rs.10,000/-, in default thereof to further undergo simple imprisonment for six months and appellant Ram Ratan @ Ratan has been convicted under section 366 I.P.C. and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/-, in default thereof to further undergo simple imprisonment of four months.

(2.) The facts giving rise to the present appeals may be summarized as under:-

(3.) On behalf of the prosecution in order to prove the charges, besides documentary evidence, five witnesses were examined. Formal proof of police papers was dispensed with on behalf of the defence, thereafter statements of the appellants were recorded. On their behalf, in the defence, documentary evidence was filed. No oral evidence was given. After hearing the arguments, the learned trial Judge found the prosecution version trustworthy held appellant Ram Ratan @ Ratan guilty under section 366 I.P.C. and Mahendra under section 376 I.P.C. and sentenced as above.