- (1.) This appeal has been directed against the judgement and order of conviction of the appellant dated 16.11.2013, passed by the Additional Sessions Judge, Court No.2, Mahoba, in Session Trial No. 25 of 2011 (State Vs. Kallu Kushwaha and other), under Sections 363, 366, 376, 368, in Case Crime No. 192 of 2011, related to Police Station Kabrai, District Mahoba, whereby the accused-appellant was convicted under Section 363 for five years rigorous imprisonment and fine of Rs. 10,000/- and in default of payment of fine, three months additional rigorous imprisonment, under Section 366 for seven years rigorous imprisonment and fine of Rs. 15,000/- and in default of payment of fine, six months additional rigorous imprisonment, under Section 376(2)G for ten years rigorous imprisonment and fine of Rs. 25,000/- and in default of payment of fine, six months additional rigorous imprisonment was awarded, whereas co-accused Sanjay Kushwaha and Devi Dayal Kushwaha were acquitted from all the charges. Aggrieved by the same present appeal has been filed by the appellant Kallu Kushwaha.
(2.) The facts in brief are as follows:- The first information report was lodged by the father of the prosecutrix namely Ramkishore on 23.01.2011 at about 12.45 P.M. stating that his daughter aged about 13 years was abducted on 22.01.2011 at about 5.00 P.M. by Kallu alongwith one unknown person, when she was going to the field for easing out. She was taken to the Village Chakauthi, Police Station Kurara, District Hamirpur on the motorcycle at the residence of co-accused Devi Dayal Kushwaha. After getting information, the complainant immediately went to the house of co-accused Devi Dayal Kushwaha, from where his daughter was recovered, whereas both the accused were absconded. After that the complainant went to the Police Station Kabrai, District Mahoba and lodged the first information report under Sections 363 and 366 IPC. The statement of prosecutrix was got recorded under Section 164 Cr.P.C. by the Investigating Officer, wherein allegation of rape on both the persons was levelled. Prosecutrix was also examined medically and after finding the fact of rape Section 376 IPC was also added against the accused persons. After the investigation, charge-sheet was filed against all the above referred three accused persons. Against the co-accused Devi Dayal Kushwaha, only charge under Section 368 I.P.C. was framed, whereas charges under Sections 363, 366 and 376(2)g were framed against accused-appellant Kallu Kushwaha and co-accused Sanjay Kushwaha. In order to established its case the prosecution examined its witnesses as P.W.-1 to P.W.-11 as oral evidence. The Ext. Ka-1 to Ka-16 have been marked upon prosecution papers as documentary evidence. The statements under Section 313 Cr.P.C. were taken of accused-persons, whereby false implication has been claimed. It is also claimed by the accused persons that prosecutrix was major at the time of incident and she gave statement against her will due to pressure exerted upon her by her father, the complainant. After considering the oral and the documentary evidences, the trial court has convicted the accused-appellant Kallu Kushwaha as noted above, whereas rest of the co-accused persons namely Sanjay Kushwaha and Devi Dayal Kushwaha were acquitted from all the charges levelled against them.
(3.) Heard the learned counsel for the parties and perused the record.;