- (1.) The instant appeal, filed on behalf of the accused-appellants is directed against the judgment and order dated 8th October, 2012 passed by Sri Shambhu Nath Saroj, Additional Sessions Judge, Court No. 27, Allahabad in Sessions Trial No.879 of 2010 [State of U.P. vs. Phool Chandra and others] whereby the appellants were convicted under Sections 363, 366, 506 IPC and sentenced to undergo rigorous imprisonment of seven years with fine of Rs.2000/-, rigorous imprisonment of eight years with fine of Rs.3000/- and rigorous imprisonment of three years, respectively. In default of payment of fine they were further directed to undergo six months' rigorous imprisonment separately on both the counts.
(2.) Heard Sri P.P. Yadav, learned counsel for the appellants, Sri Raj Bahadur, learned Additional Government Advocate appearing for the State-respondent and perused the record.
(3.) Learned counsel for the appellants in support of the appeal has submitted that the appellants were not named in the first information report, there is no allegation against them for committing rape on the prosecutrix. He has further submitted that the prosecutrix was major, in her affidavit filed before the Court of Chief Judicial Magistrate, she had stated that the appellants were innocent. According to him, case of prosecution is full of doubt, there is no reliable evidence against the present appellants, the impugned judgment and orders suffer from factual and legal infirmities and deserve to be set aside.;