STATE OF U P Vs. SANDEEP ALIAS BHURA

JUDGEMENT

(1.) Heard the arguments of Mrs. Archana Singh, learned A.G.A. from the side of appellant in Government Appeal No. 829 of 2018 and Sri. Atul Kumar, learned counsel for the appellant and learned A.G.A. for the State in Criminal Appeal No. 4994 of 2018.

(2.) Government Appeal No. 829 of 2018 has been preferred by the State against the judgment and order dated 29.8.2018 passed by learned Additional Sessions Judge/Fast Track Court No. 3, Muzaffarnagar in Session Trial No. 939 of 2012 (State v. Sandeep alias Bhura) whereby the accused-respondent Sandeep alias Bhura has been acquitted of charges under Sections 366, 376, IPC and has been convicted only under Section 363, IPC with three years and two months imprisonment and fine of Rs.2,000/- and in default of payment of fine, two months additional imprisonment. On the other hand, Criminal Appeal No. 4994 of 2018 has been preferred by the accused-appellant Sandeep alias Bhura against the same judgment, praying therein to set aside his conviction under Section 363, IPC.

(3.) Since both the appeals arise out of the same judgment, we are deciding both the appeals together by this common judgment. Before proceeding further and appreciating the points involved in both the appeals, we deem it proper to give brief outline of the prosecution case here first.