KALUA Vs. STATE OF U.P.

JUDGEMENT

(1.) After being convicted and sentenced in Session Trial No. 782 of 2007, arising out of case crime No. 278 of 2007, under Sections 376, 452,506 of Indian Penal Code and Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, (hereinafter referred to as the "SC and ST Act"), Police Station Dilari, district Moradabad by the learned Additional Sessions Judge, Court No. 2, Moradabad vide judgement and order dated 14.7.2009, accused-appellant Kalua filed Criminal Appeal No. 4395 of 2009, whereas accused-appellant Mahmooda alias Vakeel filed Criminal Appeal No. 5145 of 2009 separately.

(2.) By the impugned judgement and order, learned Additional Sessions Judge, Moradabad convicted and sentenced both the appellants to rigorous imprisonment for life and a fine of Rs. 20,000/- (rupees twenty thousand only) each, under Section 376(2)(g) IPC and in default of payment thereof, the appellants were directed to undergo one year's further imprisonment; five years rigorous imprisonment and a fine of Rs. 5,000/- (rupees five thousand only ) each under Section 452 IPC and in default of payment of fine, the appellants were further directed to undergo six months rigorous imprisonment and rigorous imprisonment for five years under Section 506 IPC and two years rigorous imprisonment and a fine of Rs. 5,000/- each under Section 3(1)(xii) of SC and ST Act and in default of payment of fine, both the appellants were directed to further undergo three months' imprisonment.

(3.) However, all the sentences were directed to run concurrently.