- (1.) HEARD learned counsel for the appellants, learned AGA and perused the record.
(2.) BOTH these appeals have been preferred against the judgment and order dated 12.02.2009 passed by the learned Additional Sessions Judge, Lucknow by which the appellant Kamta Prasad has been found guilty for the offence punishable under section 363 and 366 IPC while the appellant Rakesh has been found guilty for the offence punishable under section 363, 366 and 376 IPC.
(3.) AS per the prosecution case, the complainant Nankau lodged a First Information Report stating that on 12.05.2002 at about 8.00 pm when his daughter had gone for natural call, then Rakeh had enticed away his daughter. He searched about his daughter but she was not traceable. Therefore, the report was lodged on 16.05.2002. After the investigation, the charge -sheet was filed against Rakesh and Kamta Prasad and they were charged for the offence punishable under section 363, 366 and 376 IPC. Kamta Prasad was further charged for the offence punishable under section 120 -B IPC. The appellants had denied the charges and claimed trial. The prosecution had examined Smt. Krishnawati as PW -1; victim as PW -2; Dr. Ratna Pandey as PW -3; Dr. Sadhna Devi as PW -4; Sub -Inspector Ram Kumar Shukla as PW -5; and Sub -Inspector Maimwar Lal Gupta as PW -6.;