N.K. Mehrotra, J. - (1.) THIS is an appeal under Section 374(2), Cr. P.C. against the judgment and order dated 1.5.1989 passed by Vth Additional District and Sessions Judge, Barabanki in Session Trial No. 344 of 1987 convicting the Appellants, deceased Udai Raj under Sections 376 and 366, I.P.C. and sentencing him to 6 years R.I. and a fine of Rs. 2,000 and convicting the Appellant, Telai under Section 376, I.P.C. and sentencing him 6 years R.I. and a fine of Rs. 2,000.
(2.) ACCORDING to prosecution story, Raj Kumar, brother of prosecutrix Km. Nagina lodged an F.I.R. on 27.1.1985, P. S. Ramnagar stating that his sister Km. Nagina, aged about 14 years, was enticed away by accused Udai Raj on 27.11.1984 at about 11 p.m. from house at Aganpur Kota, Chamrahi, police station Ramnagar, district Barabanki. His sister had carried away the valuable ornaments of his house. It is alleged that accused, Udai Raj used to visit his house before the occurrence. Witnesses Mansa Ram and Samharu had seen the accused Udai Raj going in the company of his sister. He came to know that accused, Udai Raj was keeping his sister at village Bhagoleypur within the circle of police station Jarwal Road, district Bahraich. A crime case was registered on the report lodged by Raj Kumar and investigation was entrusted to Sub -Inspector, Arjun Singh. Sub -Inspector, Arjun Singh recorded the statement of the complainant at police station and visited the house from where the prosecutrix had gone away. Statement of other witnesses were recorded and site plan was prepared. Accused Udai Raj surrendered on 19.2.1985. He was interrogated by Investigating Officer, Udai Raj was taken to village Bhikampurwa, police station, Karnailganj, district Gonda. There he came to know the prosecutrix Km. Nagina had been taken away by accused, Telai to the Constable Dujai Ram, who happened to be his relation and he is posted in Gonda. Constable Dujai Ram was interrogated, but no clue of prosecutrix was found. After that, investigation was entrusted to Sub -Inspector, Ashok Tewari.
(3.) IN the meantime, when prosecutrix was recovered by Sub -Inspector, Kailash Nath Singh along with accused, Telai Ram, who was arrested on 10.4.1985. On 19.4.1985, the Investigating Officer recorded the statement of prosecutrix Km. Nagina. A site plan of the plan of recovery was prepared with the help of Sub -Inspector, Kailash Nath Tewari. Accused, Munni Lal was arrested on 10.6.1988.;