JUDGMENT :

1. Heard Sri Syed Ali Imam, learned counsel for the accused-appellants and learned A.G.A. for the State.

2. Most unfortunate aspect of this litigation is that despite the fact that the incident occurred in the year 2008, the accused are in jail since 07.08.2014.

3. This appeal challenges the judgment and order dated 07.08.2014 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Banda in Special Criminal Case No. 77 and 107 of 2008, under Sections 366, 368, 376 I.P.C. and 3(2)V SC/ST Act (State vs. Dharmmuni Joshi and Balkhandi Giri) wherein the learned Special Judge has convicted and sentenced accused-appellants, Dharmmuni Joshi and Balkhandi Giri, under Section 376 of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) read with Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act) and sentenced them to imprisonment for life with fine of Rs. 10,000/- each (Default sentence one year). Under Section 368, they were sentenced to ten years' rigorous imprisonment with fine of