RAKESH TIWARI,J. - (1.) HEARD learned Counsel for the appellants Sri Manoj Kumar Rajvanshi, Sri Y.K. Sinha, Sri Apul Mishra, Sri K.N. Bajpai, learned A.G.A. for the State and perused the record.
(2.) CRIMINAL appeal No. 5078 of 2006 has been preferred challenging the validity, and correctness of the judgment and order dated 29.8.2006 passed by Sri Ashok Kumar Pathak, Additional Sessions Judge, Court No. 6, Muzaffarnagar in Session Trial No. 1079 of 2003; State of Uttar Pradesh v. Chunnu alias Avinash and another, both sons of Chintamani, residence of Police Lines, District-Muzaffarnagar, under sections 363/366/376 IPC, sentencing the appellants to undergo five years RI with a fine of Rs. 2,000=00 under section 363 of IPC and 7 years RI with a fine of Rs. 5,000/- under I section 366 IPC and life imprisonment with a fine of Rs. 5,000/- under section 376 IPC. I All sentences were directed to run concur- I rently. Criminal appeal No. 5699 of 2006 has been filed by co-accused Vinod against the validity and correctness of the judgment and order dated 2.8.2006 passed by Sri Ashok Kumar Pathak, Addl. District and Sessions Judge, Court No. 6, Muzaffarnagar in Session Trial No. 1079 convicting and sentencing the appellant under sections 363/366 and 371 IPC.
(3.) SINCE both appeals arise out of the same incident and transaction they are being decided by this common judgment. The aforesaid appeals have been filed by the appellants on the ground that the order passed by the Court below is bad in the eye of law as there is no evidence to prove the guilt of the appellants. It is also challenged on the ground that the medical report and the prosecution version are contradictory and that the Trial Court has failed to consider that the FIR was lodged with delay of more than one month for which there is no proper explanation by the prosecution, as such order of conviction and sentence passed by the Court below is too severe. The complainant has stated that delay in filing the FIR was caused due to the reason that the family members were trying to search the girl privately on their own without involving the police due to fear of stigma on her character.;