Judgment

VINOD PRASAD, J.

Challenge in this appeal by the two appellants, Md. Babu(A1) and Md. Israel(A2), is to the impugned judgment of their conviction and order of sentence dated 23.12.2005 recorded by Additional Sessions Judge, district Jharsuguda, in S.T.No. 37 of 2005, State versus Md. Babu and another, relating to P.S. Jharsuguda, vide G.R.P.S. Case No. 45, by which learned trial Judge has convicted both the appellants U/Ss 394, 376(2)(g) I.P.C. and, for the former charge sentenced both of them to 3 years RI with fine of Rs.2000/-and in default of payment of fine to serve 6 months additional rigorous imprisonment. For the later offence, while appellant Md. Babu(A1)has been sentenced to imprisonment for life with fine of Rs.2000/-,(A2) has been sentenced to 10 years RI with the same amount of fine. In default both of them have been ordered to undergo 1 year additional rigorous imprisonment. Appellant no.1 has also been convicted u/s 377 I.P.C. and has been sentenced to serve 5 years RI with Rs.2000/-fine and in default in payment thereof to undergo 6 months further rigorous imprisonment.

2. At the very out set we record here that learned counsel for the appellant made a state