JUDGMENT :

Dinesh Kumar Singh-I, J.

1. Heard the arguments of Mrs. Archana Singh, learned A.G.A. from the side of appellant in Government Appeal No.829 of 2018 and Sri Atul Kumar, learned counsel for the appellant and learned A.G.A. for the State in Criminal Appeal No.4994 of 2018.

2. Government Appeal No.829 of 2018 has been preferred by the State against the judgment and order dated 29.8.2018 passed by learned Additional Sessions Judge/Fast Track Court No.3, Muzaffarnagar in Session Trial No.939 of 2012 (State Vs. Sandeep @ Bhura) whereby the accused-respondent Sandeep @ Bhura has been acquitted of charges under Sections 366, 376 IPC and has been convicted only under Section 363 IPC with three years and two months imprisonment and fine of Rs.2,000/-and in default of payment of fine, two months additional imprisonment. On the other hand, Criminal Appeal No.4994 of 2018 has been preferred by the accused-appellant Sandeep @ Bhura against the same judgment, praying therein to set aside his conviction under Section 363 IPC.

3. Since both the appeals arise out of the same judgment, we are deciding both the appeals together by this common judgment. Before proceeding further and appreciating