- (1.) SINCE both the appeals arise out of the same judgment, as such these are being disposed of by a common judgment.
(2.) CHALLENGE in the aforesaid appeals is the judgment and order dated 30.10.2012 passed by Learned Additional Sessions Judge Ex. -Cadre, Unnao in Sessions Trial No. 326 of 2011, arising out of Case Crime No. 690 of 2011, Police Station Gangaghat, District Unnao whereby the accused -appellants were convicted and sentenced as under: - (i) Under Section 342/34 I.P.C. One Year Rigorous Imprisonment. (ii) Under Section 376 (2)(g)/34 I.P.C. Ten Years Rigorous Imprisonment and also with fine of Rs. 20,000/ - each with default stipulation of two years rigorous imprisonment. Out of total fine Rs. 50,000/ - were to be paid to the victim.
(3.) THERE is chequered history of this case. Two F.I.Rs were lodged in this case. According to F.I.R. in Case Crime No. 690 of 2011, which was lodged by the victim herself, the prosecution came with the case that the incident had taken place about 5 -6 months prior to lodging of the F.I.R. This F.I.R. was lodged on 12.3.2011 at 16:30 hours. It was alleged in the F.I.R. that the victim was a student of B.Sc. About 5 -6 months ago appellant Suraj, on the pretext of getting her employed, took her to Jalandhar (Punjab). In Jalandhar, she was kept in the house of appellant Sant Kumar, who was a family friend of Suraj Prasad -appellant. During their stay in Jalandhar Suraj Prasad used to establish physical relations with her. After few days when his lust fulfilled, he handed over the victim to appellant Sant Kumar. Sant Kumar took her from Jalandhar to his village Gulariha (District Balrampur, U.P.) and she was forcibly taken to Tulsipur and her court marriage was solemnized with Sant Kumar. Her signatures were obtained on several blank papers and she was confined against her will in the house of Sant Kumar. He established physical relations with her and his real brothers Pawan and Rajinder also established physical relations with her. Whenever she resisted then all the three used to beat her and used to say that they have purchased her for Rs. 30,000/ - and until and unless, their entire money is refunded, she shall be kept in the same way. These persons have also threatened her father on telephone. Thereafter her father came to village Gulariha along with police persons but accused persons removed her from the said place and they also left their house. On 11.3.2011, she anyhow get herself released from the clutches of the accused -appellants and reached her house. Thereafter F.I.R. of this case was lodged. The Investigating Officer inspected the place of occurrence where from the victim was enticed away and also the place where the victim is alleged to have been wrongfully confined.;