Amzad VS State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Amzad – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Anurag Pathak, Amit Krishan, V.S. Parmar, Raghuraj Kishore

JUDGMENT :

1. Since these two appeals arise out of a common judgment and order dated 24th July, 2010 passed by the Special Judge/Additional Sessions Judge/Fast Track Court No.1, Saharanpur in Special Sessions Trial No.23 of 2006 (State Vs. Amjad) and Special Sessions Trial No. 23A of 2006 (State vs. Dalbeer), arising out of Crime No. 126 of 2005, under Sections 363, 366, 376 (2) (g) I.P.C. and Sections 3 (1) (xii) and 3 (2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “S.C./S.T. Act”), Police Station-Nangal, District Saharanpur, whereby both the accused-appellants have been convicted and sentenced them to undergo (i) four years rigorous imprisonment for the offence punishable under Section 363 I.P.C. with a fine of Rs. 3,000/- each, in default thereof, they have to further undergo six months additional imprisonment; (ii) seven years rigorous imprisonment for the offence punishable under Section 366 I.P.C. with fine of Rs. 6,000/- each, in default thereof, they have to further undergo one year additional imprisonment; (iii) 10 years rigorous imprisonment for the offence punishable under Section 376 (2) (g) I.P.C. with fine of Rs. 10,000/- eac