MAHENDRA DAYAL, J. - (1.) THIS criminal appeal has been filed by the appellant Teju challenging the judgment and order of conviction dated 03.07.2012 passed by the Additional Sessions Judge/TECP -3, Lucknow in S.T. No.279/2011, whereby the appellant has been sentenced to undergo three years imprisonment under Section 363 IPC, five years imprisonment under Section 366 IPC and ten years rigorous imprisonment under Section 376(2)(g) IPC. The appellant was also imposed a fine of Rs.8,000/ - and it was provided that in case of default in payment of fine, he will further undergo imprisonment of two years.
(2.) THE informant of this case Paragi lodged an FIR with Police Station Bakshi Ka Talab, Lucknow on 01.10.2009 at 4.10 PM alleging therein that his daughter, aged about fourteen years, had gone to attend the natural call in the morning at about 5.00 AM along with the wife of Nanhu, but did not return. It was further mentioned in the report that the brother -in -law of Chotu, namely Teju (appellant) enticed away his daughter from the place where she had gone to attend the natural call. On the basis of the written information, the police registered a case against both Nanhu and Chota along with the present appellant and during investigation, recovered the daughter of the informant on 03.10.2009 from the possession of the appellant. The girl after being interrogated was given into the custody of the informant and thereafter sent to the hospital for medical examination. The police after investigation, did not find any evidence against Chotu and Nanhu but charge -sheeted the appellant.
(3.) THE prosecution examined five witnesses during trial and the learned trial court on appreciation of evidence recorded a finding holding the appellant guilty of all the charges and convicted him, as aforesaid. I have heard Shri Manish Kumar Singh, Advocate, who was appointed as amicus -curiae to conduct the case on behalf of the appellant and learned AGA for the State. It also needs mention here that the present appeal was sent by the appellant from the jail itself and presently also he is in jail.;