SHEO KUMAR SINGH,J. - (1.) This criminal appeal is directed against the judgment and order dated 13.02.1997 passed by Additional Sessions Judge, Court No.6, Sitapur, in Sessions Trial No.251 of 1993 whereby and whereunder accused appellant Shoib alias Chhotey Mian Ansari son of Munshi Hashmat resident of Mohalla Bhattha, Kasba Mahmoodabad, Thana Mahmoodabad, District Sitapur, was convicted for the offences under Sections 363 IPC two years rigorous imprisonment with fine of Rs.500/-, under Section 366 IPC five years' rigorous imprisonment with fine of Rs.1000/-, under Section 342 IPC six months' rigorous imprisonment and under Section 376 IPC ten years' rigorous imprisonment with fine of Rs.2000/-. In default of payment of fine, he was directed to undergo three months, six months and nine months rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) In brief, the prosecution story is that the complainant with his family members was sleeping in the house. The victim, daughter of the complainant, was living with her parents. It is alleged that in the night of 12.01.1990, the accused appellant had carried the victim from the house of her father, when she came out of her house to answer nature's call sometimes after midnight or before 4.00 or 5.00 AM, after the appellant with other co-accused covered the mouth of the victim so that she may not be able to raise any alarm. After that accused had brought the victim to nearby houses and compelled her to sexual intercourse and later on took her to Barabanki and remained there for some days. In the morning when the father of the victim, not finding her daughter in the room, inquired then she was not traced out in the house and it is alleged that the first information report was lodged to the police station. However, the application or report which was said to be communicated to the police authorities is not traceable on record and aforementioned first information report was lodged on the basis of a written information dated 05.02.1990 Ext. Ka-1 which was addressed to Superintendent of Police, Sitapur, who directed the Station House Officer, Mahmoodabad to register the case and investigate the matter. After investigation, the Investigating Officer submitted charge sheet under Sections 363 , 366 , 376 and 342 IPC against two brothers Shoib alias Chhotey Mian Ansari and Uber Ansari, both sons of Hashmat Ali Ansari.
(3.) After taking cognizance, the case was committed to the court of sessions for trial and at the commencement of the trial before the learned Additional Sessions Judge the charges were framed against the accused in respect of the aforesaid offences. The accused, however, did not plead guilty of the charges and claimed for trial.;