- (1.) HEARD learned counsel for the appellants, learned Additional Government Advocate and perused the record.
(2.) BOTH the above appeals have been filed against the judgment and order dated 30.03.2007, passed by the then learned Additional Sessions Judge, Court No.5, Sitapur, by which, the appellants have convicted for the offences punishable under Sections 363, 366 -A, 368 and 376 I.P.C.
(3.) THE appellant no.1 (Deepu) of Criminal Appeal No.1028 of 2007 has died during the pendency of appeal, therefore, the appeal filed by him stands abated. As per the prosecution case, the complainant Bhagwan Deen Sharma lodged a report on 17.02.2004 stating that his sister has been enticed away by Deepu, Kamlesh and Lotan on 20.01.2004 at about 2.00 p.m. The incident was seen by Shiv Pal Singh and Shiv Naresh Singh. As the complainant was searching his sister, therefore, he could not lodge the report within the time. The First Information Report was lodged at Police Station -Imaliya Sultanpur, District -Sitapur and during investigation of the case, on 18.02.2004 the victim was recovered. The victim was medically examined and her statement under Section 164 Cr.P.C. was recorded. After completing the investigation, the charge -sheet was filed against the appellants for the offences punishable under Sections 363, 366 -A, 368 and 376 I.P.C. The appellants have denied the allegations and claimed trial.;