(1.) The learned Judge, District Council Court, Shillong has passed judgment in G.R. No 384(A) of 2004 u/s 376 IPC aimed primarily against the two accused persons implicated in the case, namely; Shri Nangroi Suting @ Rit Suting and Shri Phlasstowell Kharbyngar. The said judgment dtd. 17/11/2022 has, in effect sealed the fate of the said accused persons, who were found to have committed an offence under Sec. 376 IPC. The Court then passed the sentence of conviction on 22/12/2022 sentencing both of them to undergo simple imprisonment of 7(seven) years with fine of ? 10,000/- each, failing payment of the same which would entail an additional imprisonment of 6(six) months.
(2.) Being highly aggrieved with the said impugned judgment dtd. 17/11/2022, two separate appeals were filed by the two convicts above named, which appeal were registered as Crl.A. No 4 of 2023 and another being Crl.A. No. 5 of 2023, assailing such judgment.
(3.) This Court, upon hearing the learned counsel for the appellants as well as for the State respondent, the two appeals emanating from a common judgment, it is therefore deemed convenient and expedient to take up both the appeals and to pass a common judgment.