HARSH KUMAR,J. - (1.) The present criminal appeal has been filed by accused/ appellant, the sole convict against the judgment and order dated 10.03.2006 passed by Additional Sessions Judge, Court No. 1, Mau in Sessions Trial No. 111 of 2003 (State v. Ram Dularey and others), arising out of case crime no. 179 of 2002, under Sections 363 & 366 read with Section 34 of the Indian Penal Code, P.S. Dohari Ghat, District Mau. By the impugned judgment and order in trial against the appellant and three others, the learned lower court did held only appellant Ram Dularey Yadav to be guilty of the offence and acquitted the three others and after hearing the convict on the point of sentence, sentenced him for the offence under Section 363 IPC for seven years' rigorous imprisonment with Rs. 2000/- and under Section 366 IPC for ten years' rigorous imprisonment with fine of Rs. 3000/- and in v. default in payment of fine to further undergo six months' imprisonment. By the present appeal the appellant has prayed that his conviction is liable to be set aside and allowing the appeal he may be acquitted of the charges.
(2.) Against the impugned judgment and order with respect to the acquittal of co-accused Ram Gyan Yadav, Surendra Yadav and Smt. Subhawati Devi, criminal revision no.2218 of 2006 has also been filed by first informant Virendra Kumar Yadav seeking relief of setting aside their acquittal order and convicting them along with Ram Dularey for the offences under Sections 363 & 366 read with Section 34 IPC as well as for enhancement of sentence imposed on appellant Ram Dularey.
(3.) The FIR of this case was lodged by Virendra Kumar Yadav on 18.05.2002 at 00.10 a.m. against four persons named therein at Police Station Dohari Ghat, District Mau at case crime no.179 of 2002, under Sections 363 & 366 IPC. The averments of FIR in brief are as under:- "That the victim, sister of the first informant, student of Class 9 aged about 13 years 3 months (D.O.B. 15.02.1989) proceeded to meet to her friend from the house of first informant; that there is a P.C.O. of Ram Dularey Yadav, who has enticed away the first informant's sister at about 10.00 a.m. on 14.05.2002 when she was going to meet her friend and had taken her somewhere else from Rasoolpur Market; that the first informant made search of his sister for several days, but could not know her whereabouts and when he asked the accused persons, instead of making any help in search of his sister, they threatened him." ;