- (1.) Both the above noted appeals have arisen out of the same judgment. So, they are being disposed of by the common judgment.
(2.) These Criminal Appeals have been filed against the judgment and order dated 15.6.2010 passed by the Additional Sessions Judge, Fast Track Court No.5, Ghaziabd in S.T. No.903 of 2000 (State Vs. Netram and others, under Sections 363/34 and 376 I.P.C., P.S. Sahibabad, district Ghaziabad. By the impugned judgment and order the accused/appellants have been convicted under Section 376(2)(g) I.P.C. and sentenced to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.10,000/ each and they have been further directed to undergo six months Additional Rigorous Imprisonment in default of payment of fine.
(3.) The prosecution case as per the first information report (Ex.Ka-1) lodged by one Lakhmi son of Kalu Ram (P.W.2) on 18.12.90, in brief is that on 16.12.90 her daughter (hereinafter referred to as the Prosecutrix) aged about 14 years at about 5 in the morning went in the Jungle for defecation but she did not return. On being enquired and traced out in the village, the first informant was told by Suraj Mal son of Tekram, Udal son of Gedal and Ramveer son of Ram Chandra that they had seen his daughter going with Hari Singh son of Chander resident of Nistal who was working in Indore Factory, Jhandapur and was living in a rented house in their village. It is also mentioned in the F.I.R. that the aforesaid Hari Singh used to come to the shop of the first informant for the last so many days and that he had enticed her daughter away.;