( 1 ) BY this common judgment, the above two appeals filed by appellants virender Nanda @ Dimple and Jupinder Singh are being decided. The learned addl. Sessions Judge vide judgment dated 28th August , 2002 held the appellant virender Nanda guilty under section 354 IPC and under section 376 (2) (g) IPC and the appellant Jupinder Singh guilty under section 376 (2) (g) IPC. Vide order dated 29th August, 2007, he sentenced them both to life imprisonment along with fine of Rs. 10,000/- each and in default, simple imprisonment for two years. Rs. 10,000- out of the fine, if realised, was also directed to be be paid to the victim.

( 2 ) THE facts as they unfold from the prosecution's case may be noticed. The complainant in this case is 'an', mother of the prosecutrix, a minor girl of six years hereinafter referred to as 'n'. The father of the prosecutrix is referred to as 'sn'. He runs a cloth shop. On 18th June, 2001, 'n' went looking for Narender, her Mama/maternal Uncle. While looking for Narender, she reached the office of his friend Satish where she saw that appellant Virender nanda @ Dimple was present. Virender Nanda @ Dimple thereafter took her to his office