RANG NATH PANDEY,J. - (1.) The instant criminal appeal has been filed by the appellants against the judgment and order dated 03.07.2002 passed by Additional Sessions Judge/Fast Track Court No. 30, Barabanki in sessions trial no. 235 of 2000 arising out of case crime no. 239 of 1999 under Sections 363 , 366 and 376 of the Indian Penal Code (hereinafter referred to as, '' I.P.C .') relating to Police Station Jaitpur, District Barabanki, whereby, all the appellants were convicted and sentenced to undergo five years rigorous imprisonment along with a fine of Rs. 2,000/- under section 366 I.P.C . with default stipulation. Appellant no. 1-Balakram was also convicted and sentenced to undergo seven years rigorous imprisonment with a fine of Rs. 5,000/- under Section 376 of I.PC. with default stipulation. The substantive sentences awarded to appellant no. 1-Balakram were directed to run concurrently.
(2.) In brief, the prosecution story is that on 15.12.1999 at 12:30, a report to this effect was lodged by complainant Ganga Ram Yadav that Balak Ram with the help of Shesh Ram and Malti, had eloped with his daughter. In order to deceive us, Balak Ram went with his suitcase in the day but again came back in the village after 9.P.M. On the basis of this, case crime no. 239 of 1999 under Section 363 , 366 of Indian Penal code was registered. Thereafter, during investigation the daughter of the complainant Bhanu Kumari was recovered. Her statement was recorded under Section 164 Cr.P.C. Medical Examination was conducted and collecting all the evidences, Charge-sheet had been filed in the Court concerned.
(3.) In order to prove the case, PW-1 Ganga Ram, PW-2 Dr. P.C. Dubey, PW-3 Dr. Ranjana Khare, PW-4 Bhanu Kumari (victim ), PW-5 Head Constable Ram Vilash and PW-6 Ram Badan Singh (Investigation Officer) were examined by the prosecution.;