VINOD KUMAR SINHA, J.

1. In spite of repeated calls, none has appeared on behalf of appellant in Criminal Appeal (SJ) No. 108 of 2004 and it appears that the case is of the year 2004, as such, I deem it appropriate to appoint Mr. Ranbir Singh, learned Advocate as Amicus Curiae to assist the court in Cr. Appeal (SJ) No. 108 of 2014.

2. As both the above appeals arise out of same judgment, they are clubbed together and are being decided by this common judgment, for the sake of convenience.

3. These appeals are directed against the judgment of conviction dated 31.01.2004 and order of sentence dated 05.02.2004, passed by Sri Prakash Chandra Jaiswal, the then Additional Sessions Judge, 5th Gaya in Sessions Trial No. 53/2000, 377/2000, by which the appellant Indrasekhar Devedi stood convicted under Section 397 of the Indian Penal Code (hereinafter referred to as the “IPC”) and was sentenced to undergo R.I. for ten years with a fine of Rs. 10,000/- having default clause and appellant Rajesh Kumar Yadav alias Rahis Yadav stood convicted under Section 412 of the IPC and was sentenced to undergo R.I. for seven years with a fine of Rs. 10,000/- having default clause.

4. Prosecution case