JUDGMENT

Dr. B.S. Chauhan, J. —

1. Both these criminal appeals have been preferred against the common impugned judgment and order dated 8.12.2009 of the High Court of Delhi passed in Criminal Appeal Nos.311 of 1999 and 312 of 1999, by which the High Court has affirmed the conviction of the appellants under Section 376 of the Indian Penal Code, 1860 (hereinafter called ‘IPC’), however, set aside their conviction under Sections 366/34 IPC and further reduced the sentence from 7 years RI to 5 years RI with a fine of Rs.10,000/- each and in default to undergo further punishment for 3 months.

2. Facts and circumstances giving rise to these appeals are unfolded by the statement of Shri Prabhu Dass (father of prosecutrix Monika) dated 28.11.1989 made before the Police Station, Vinay Nagar, New Delhi to the effect that his daughter Monika, aged about 15 years, studying in standard 9th in Green Field School, Safdarjung Enclave, New Delhi had left her house on 24.11.1989 for going to school. She informed through telephone that she would stay in the house of her friend Amita for the night. On 25.11.1989 at about 8.30 a.m. Monika telephoned her cousin Satish Anand that she was going to Pragati