LOKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since both the appeal are arising out of a common judgment dtd. 08/12/2005, they are taken up for analogous hearing and are being disposed off by this common judgment.

(2.) These appeals under Sec. 374 of Code of Criminal Procedure, 1973 (hereinafter for short referred as, 'Code') have been preferred against the impugned judgment dtd. 08/12/2005 passed in Special Case No.04/2013 by Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Ratlam (M.P.), whereby the appellants have been convicted for the offences under Sec. 366 and 376(2)(f)(g) of Indian Penal Code, 1860 (hereinafter for short referred as, 'IPC') and sentenced to under rigorous imprisonment of 10 years with fine of Rs.5,000.00 and Life Imprisonment with fine of Rs.10,000.00 respectively with usual default stipulation.

(3.) It is undisputed that the appellants have also been acquitted of the charges under Sec. 3(2)(5) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter for short referred as, 'Act of 1989'). It is also undisputed that co-accused Naresh Choudhary has been acquitted of the charges under Sec. 363/34, 366/34 and 376(2)(f) and 376(2)(g) of the IPC.