Raghvendra Kumar, J. - (1.) Heard learned counsel for the accused-appellant Mr.Prince Lenin Amicus Curiae and Sri M.Y.Ansari, learned A.G.A.for the State of U.P.
(2.) Under assail in the appeal is the judgment and order dated 28.1.2003 passed by learned Additional Sessions Judge/Fast Track Court No.2 Rae Bareli in S.T. No. 661 of 1998 under sections 363, 376/511, 302 and 201 I.P.C. arising out of case crime No.107 of 1998, Police station Shivratan Ganj, District Rae Bareli whereby the accused-appellant Amar Nath has been convicted and sentenced to 3 years R.I. with a fine of Rs.500/- for the offence under section 363 I.P.C., under section 376 I.P.C., 10 years R.I. with a fine of Rs. 500/-, under section 201 I.P.C., 3 years R.I. with a fine of Rs. 500/- and for the offence under section 302 I.P.C., life imprisonment with a fine of Rs. 500/- along with default stipulation for the amount of fine imposed for various offences. Being aggrieved by the aforesaid judgment and order, the instant appeal is before this Court.
(3.) Briefly stated the prosecution case is as follows : According to the prosecution version, on 29.4.1998 in the night, one Prabha wife of Amar Nath approached the house of the informant-complainant Rameshwar and stated that she is alone today, uncle please send your daughter Prema with her because she was of fearing nature. Prema was accordingly sent with Prabha. In the morning when Prema did not come back then a query was made to Smt. Prabha, she stated that your daughter has gone somewhere along with my husband Amar Nath. He stated with confidence that Amar Nath and Prabha have enticed the girl and thereafter she eloped. The age of the girl was 15 years. In spite of search, the girl could not be traced out. The incident is alleged to have taken place on 29.4.1998 and the FIR of the same was lodged with the police on 4.5.1998 at 8.30 A.M.;