YOGENDRA SINGH @ BABLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Yogendra Singh @ Bablu S/o Man Singhand Bhag Chand @ Pintu S/o Laxmi Narayan were tried by the court of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Ajmer and by impugned judgment dated 30th June, 2005, the trial court convicted accused appellant Bhag Chand @ Pintu for offence under Sections 366, 376, 376(2)(G), 394 and 323 IPC. Appellant Yogendra Singh @ Bablu was also convicted for offence under Sections 366, 376, 376(2) (G), 394 and 323 IPC and Sections 3(1)(xii) and 3(2)(v) of the Scheduled Caste/Scheduled Tribes( Prevention of Atrocities Act), 1989 ( hereinafter referred to as 'the SC/ST Act'). Having convicted the appellants for the aforesaid offences, the trial judge by order of even date sentenced both the appellants as under:- <FRM>JUDGEMENT_221_LAWS(RAJ)1_2015_1.html</FRM>

(2.) Appellant Yogendra Singh @ Bablu has been sentenced for offence under Section 3(1)(xii) of the SC/ST Act to undergo simple imprisonment for three years and to pay a fine of Rs.2000/-. In default thereof, he was to further undergo simple imprisonment for one month and under Section 3(2)(v) of the SC/ST Act to undergo life imprisonment and to pay a fine of Rs.5,000/-. In default thereof, he was to further undergo simple additional imprisonment for two months.

(3.) Aggrieved against their conviction and sentence, the appellants have filed two separate appeals. Yogendra Singh @ Bablu has preferred DB Criminal Appeal No.710/2005, whereas appellant Bhag Chand @ Pintu has instituted appeal through jail bearing DB Criminal Appeal No.1797/2007. We shall decide both these appeals by this common judgment.