Surendra Vikram Singh Rathore, J.

1. Both these appeals [Criminal Appeal No. 09 of 2011-Rajendra Vs. State of U.P. and Criminal Appeal No. 123 of 2011-Saheed Vs. State of U.P.] arise out of same judgment, therefore, the same are being disposed of by a common order.

2. Under challenge in the instant criminal appeals is the judgment and order dated 24.12.2010 passed by learned Additional Sessions Judge/Fast Track Court No. 28, District Barabanki, in Sessions Trial No. 95 of 2005, relating to Case Crime No. 252 of 2004, Police Station Fatehpur, District Barabanki whereby the appellants-Rajendra and Saheed were convicted and following sentences were imposed on them:

(a) Under Section 363 IPC-5 Years' rigorous imprisonment with fine of Rs. 1000/- with default stipulation of one year's additional imprisonment each.

(b) Under Section 366 IPC-5 years' rigorous imprisonment and also with fine of Rs. 1000/- with default stipulation of one year's additional imprisonment each.

(c) Appellant Saheed was also convicted for the offence under Section 376 IPC and was sentenced with 7 years' rigorous imprisonment with fine of Rs. 2,000/- with default stipulation of two years' additional imprisonm