Per Virender Singh, J.

1. Our Judgment would dispose of aforesaid two criminal appeals filed by Mst. Sameena wife of Mohd. Altaf Lone resident of Kawmohalla, Khanyar, Srinagar and Bashir Ahmed Sheikh son of Abdul Rehman Sheikh resident of Naseema Bagh, Srinagar against the conviction and sentence awarded to them vide impugned judgment of learned Principal Sessions Judge, Srinagar (for brevity `Trial Court') dated 28th of February 2012 for the offences punishable under sections 364, 376, 302, 201 read with section 120-B of Ranbir Penal Code (for short "RPC") in case FIR No. 77/2005, registered at Police Station Khanyar and Criminal Reference sent by learned Trial Court of this Court for confirmation of the sentence in terms of Section 374 of Code of Criminal Procedure (for short "Cr. P.C.").

2. The sentence awarded to accused Bashir Ahmad Sheikh is as under:

a) To undergo life imprisonment which shall extend to full life for the commission of offence under Section 302 RPC read with Section 120-B;

b) To undergo rigorous imprisonment for a term of ten years under Section 364 RPC, and a fine of Rs. 5,000/- and in default thereof accused shall further undergo rigorous imprisonment for a term of one year;

c) To undergo rigorous imprisonment of ten years under Section 376 RPC and a fine of Rs. 5,000/-, and in default thereof accused shall further undergo rigorous imprisonment for a term of one year; and

d) To undergo rigorous imprisonment of seven years under Section 201 RPC and fine of Rs. 1000/- and in default thereof accused shall further undergo rigorous imprisonment for a period of two months.

3. Accused Mst. Sameena is sentenced as under:

a) To undergo life imprisonment which shall extend to full life for the commission of offence under Section 302 RPC read with Section 120-B;

b) To undergo rigorous imprisonment for a term of ten years under Section 364 RPC, and a fine of Rs. 5000/- and in default thereof accused shall further undergo rigorous imprisonment for a term of one year; and

c) To undergo rigorous imprisonment of ten years under Section 376 RPC and a fine of Rs. 5,000/-, and in default thereof accused shall further undergo rigorous imprisonment for a term of one year.

4. All the sentences, however, have been ordered to run concurrently.

5. It would be worth mentioning here that one Zahoor Ahmad Wani son of Ghulam Mohi-ud-din Wani resident of Dargagh, Hazratbal, Srinagar, was also booked in this case by the police, as according to the investigation conducted in this case, he and accused Bashir Ahmad Sheikh had allegedly kidnapped Ms. Shazia (for short "deceased") and after committing rape upon her, she was killed and thrown in River Sindh at Ganderbal. He, however, committed suicide in police custody.

6. Both the accused are stated to be in jail since the date of their formal arrest as their prayer for suspension of sentence was dismissed by the Court.

7. Deceased Shazia daughter Gulzar Ahmad Tota lost her parents when she was hardly of the age of four months, as such, brought up by Mst. Jalla Begum wife of Abdul Aziz Kawa, the real sister of mother of Shazia. At the time of her death, she was studying in 12th Class.

8. On 28th April 2005, Mst. Jalla Begum approached Police Station Khanyar with a missing report of deceased Shazia, stating therein that she on 25th April 2005 had gone to the market for purchasing some domestic articles with a neighbourhood girl Sameena (accused herein), but did not return. She and her husband asked accused Sameena as to where deceased Shazia was, upon which she disclosed that she and Shazia had returned within half an hour. When Shazia could not be traced, a missing report was lodged in this regard with the concerned police station.

9. On 29th April 2005, police station Khanyar received an information through reliable source that Ms. Shazia was kidnapped by accused Bashir Ahmad Sheikh and Zahoor Ahmad Wani at Babademb Dewatering Pump in a vehicle make Tata Sumo bearing No. JK01F-3520, with an intention t

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