Daya Shankar Tripathi, J. - (1.) Heard learned counsel for the appellants-accused, learned AGA and perused the material placed on record.
(2.) Appellants have assailed the judgment and order dated 19.10.2015 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), Banda in Misc. Criminal Case No. 48 of 2010 (State of U.P. Vs. Raj Veer and others) arising out of Case Crime No. 71 of 2010, under Sections 363, 366, 376, 504, 506 IPC and Section 3(2)5 S.C./S.T. Act, P.S. Tindwari, District Banda, by which the appellants have been convicted under Sections 363, 376(2)g IPC and sentenced to imprisonment of three years under Section 363 IPC and fine of Rs. 3,000/- each (in default of payment of fine one month additional imprisonment) and imprisonment of ten years and fine of Rs. 5,000/- each under section 376(2)g IPC (in default of payment of fine two months additional imprisonment).
(3.) In the present judgment, I do not propose to mention the name of the victim girl in view of the provisions of Section 228A I.P.C. and in pursuance of the observations made by the Hon'ble Supreme Court in para-4 in the case of State of Himachal Pradesh vs. Shree Kant Shekari, 2004 AIR(SC) 4404 the prosecutrix (hereinafter referred to as 'victim').;