Satya Narain Agnihotri, J. - (1.) The instant both appeals have been directed against the impugned judgment and order, dated 17.05.2013, passed by the learned Special Judge, SC/ST (P.A.) Act, Hardoi, in Session Trial No. 386 of 2011, arising out of Crime No. 91 of 2011, under Sections 364, IPC and 3(2)(5) SC/ST (P.A.) Act, Police Station Kachhauna, District Hardoi, whereby learned Special Judge, SC/ST (P.A.) Act, Hardoi, hold guilty to the appellants Prakash alias Om Prakash and Kallu alias Raju Mistri, under Sections 364, IPC and 3(2)(5) SC/ST (P.A.) Act, and sentenced them with 10 years rigorous imprisonment and fine of Rs.5,000/- each and in default of payment of fine, the accused-appellants shall further undergo 6 months rigorous imprisonment.
(2.) The facts giving rise to these appeals may be summarized as under:
(3.) Complainant Kanhai submitted an application Ext. Ka.1 to the Police Station Kac-hhauna, District Hardoi on 28.01.2011 alleging therein that in the intervening night of 27/28.01.2011 some unknown kidnapped infant child of complainant aged about three and half years namely Abhishek from his house situated at Gram Raisho, Police Station Kachhauna, District Hardoi. He further alleges that the sister of his neighbour Ramashankar namely Smt. Meera was married with one Yograj, resident of Sikandarpur, Police Station Jalalabad, District Sahajahanpur. Smt. Meera fall in love with accused-appellant Kallu alias Raju Mistri and after some time she came at village Raisho and started living with the accused-appellant Kallu alias Raju Mistri as his wife in the house of his brother Ramashankar.;