Daya Shankar Tripathi, J. - (1.) Heard Sri K.N. Mishra, learned counsel for appellant No.1-Firoz Ali, learned AGA and perused the record.
(2.) Appellants have assailed the judgment and order dated 07.02.2006 passed by the Additional Sessions Judge, Court No.5, Deoria in Sessions Trial No.115 of 1998 (State Vs. Firoz Ali and another) arising out of Case Crime No.51 of 1996, under Sections 363, 366 and 376 I.P.C., Police Station Rudrapur, District Deoria, by which appellants have been convicted and sentenced under Section 366 I.P.C. with imprisonment of 5-5 years and fine of Rs.2,000-2,000, each and under Section 376 I.P.C. with imprisonment of 10-10 years and fine of Rs.3,000-3,000 each.
(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'.;