Mohammad Tahir, J. - (1.) THE above noted appeals have arisen out of the same judgment and are connected with each other. So they are being disposed of by this common judgment.
(2.) THESE criminal appeals have been filed against the judgment and order dated 6.9.2013 passed by Additional Sessions Judge, Court No. 9, Aligarh in Sessions Trial No. 841 of 2006 State v. Bunty @ Virendra and another, under Section 363, 366, 376 IPC P.S. Kwarsi District Aligarh whereby the accused appellants Bunty @ Virendra and Dharam Singh @ Dharmendra have been convicted under Section 363, 366, 376 IPC and sentenced to undergo three years rigorous imprisonment under Section 363 IPC and to pay a fine of Rs. 2,000/ - each with default clause, five years' rigorous imprisonment under Section 366 IPC and to pay a fine of Rs. 3,000/ -each with default clause and ten years' rigorous imprisonment under Section 376 IPC and to pay a fine of Rs. 10,000/ - each with default clause. All the sentences of the accused appellants were directed to run concurrently. The prosecution case, in brief, is that the first informant Pappu @ Prem Chandra lodged a written report in P.S. Kwarsi of District Aligarh on 26.1.2006 at 4.30 p.m. to the effect that he is the barber by profession and his hair -cutting shop is on the road in front of Ramesh Vihar colony. His minor daughter (hereinafter referred to as the prosecutrix) aged about 13 years was missing from the noon of 17.1.2006 and it had come to his knowledge that one Baba Bunty, who was residing in the house of his neighbour Dharam Singh, had enticed away his daughter. Baba Bunty has been living with accused Dharam Singh since his childhood. Accused Dharam Singh is his neighbour and are also on visiting terms to his house. Accused Dharam Singh and Baba Bunty in collusion with each other had got his minor daughter kidnapped and she was missing for the last two days. He had searched out his daughter in his relations but her whereabouts could not be known to him. He has further mentioned in the FIR that his neighbour Thakur Dharam Singh has full hand in getting his daughter kidnapped by Baba Bunty and he knows everything as to where Baba Bunty had gone after kidnapping his daughter. When the first informant had asked about it to Dharam Singh thereupon he had threatened to kill him. He is a labourer and poor person.
(3.) ON the basis of the above report (Ext. Ka.1) a case under Section 363, 366, 376, 506 IPC was registered against accused Baba Bunty and Dharam Singh in P.S. Kwarsi District Aligarh. The check FIR of this case was prepared by constable clerk Chhavi Nath Singh (PW -3), which is Ext. Ka.6. He also made entry in the general diary in that regard, the carbon copy of which is Ext. Ka.5.;