ASHOK Vs. STATE

JUDGEMENT

(1.) THESE are the criminal revisions under Section 397/401, Cr. P.C. against the judgment and order dated 5.9.1997, passed by the Ist Additional Sessions Judge dismissing the Criminal Appeal No. 20 of 1993 upholding the order of conviction, maintaining the sentence awarded under Section 452, I.P.C. and maintaining the sentence of fine of Rs. 3,000 awarded under Section 376, I.P.C. but enhancing the sentence to 10 years rigorous imprisonment under Section 376, I.P.C. in Sessions Trial No. 394 of 1990, State v. Ashok and others.

(2.) SINCE both the revisions have been filed against the same judgment, these revisions are decided together by this judgment.

(3.) THE revisionists have also challenged both the judgments of the two courts below on two grounds. THE judgment of the Sessions Judge passed in appeal is challenged on the ground of jurisdiction of the Sessions Judge in enhancing the sentence under Section 376, I.P.C. THE judgment of conviction of the two courts below has been challenged on merit.