- (1.) THIS appeal arises out of judgment and order dated 31.10.2003 passed by Addl. Sessions Judge/ Special Judge, S.C. S.T. Act, in Sessions Trial No. 196 of 2002 convicting and sentencing the appellant under Section 376 I.P.C. to under go R.I. for seven years and a fine of Rs.3,500/ -, U/s 363 to under go R.I. for three years and a fine of Rs.1,000/ -, U/s 3(i)(xii) S.C.S.T. Act to under go six months R.I. and a fine of Rs.500/ -, along with further sentence in default of payment of fine.
(2.) BRIEFLY stated the case of the prosecution is that Bhunnu son of Pullu, who is resident of Chardaha Chandan, P.S. Dargahsharif, Behraich on 22.4.2002 gave a report Ext. Ka -1 at police station to the effect that on 19.4.2002 her daughter Km. Pushpa aged about 12 years, who had gone to ease the call of nature out of village, has been seen by Chunnu, Ram Chander and Sahaj Ram, while being taking away, inducing and kidnapping her by Raju, his brother Bhujau, Pappu and Puttan. They have kidnapped her daughter in order to tarnish her social image, but her whereabouts could not be known till submission of the report at the police station i.e. 22.4.2002.
(3.) ON completion of the investigation, charge sheet U/ss 363/366/376 I.P.C. and U/s 30 (xii) S.C.S.T. Act was submitted against the appellant only. Charges were framed under these sections against him. The accused - appellant pleaded not guilty and claimed to be tried. In support of its case the prosecution has examined Pushpa Devi, prosecutrix as P.W. 1, Bhunnu, father of the prosecutrix and the complainant, who lodged the report as P.W. 2, Ram Chandra, the witness of fact as P.W. 3, Dr. Beena Srivastava as P.W. 4 and Ashutosh Misra, C.O. as P.W. 5.;