Dinesh Kumar Singh, J. - (1.) The present appeal has been preferred against the judgment and order dated 15th January, 2001 passed by the VI Additional Sessions Judge, Gonda in Sessions Trial No. 111 of 1993, arising out of Case Crime No.47 of 1992, under Sections 363, 366-A, 367 and 376 I.P.C., Police Station Motiganj, District Gonda. Vide the impugned judgment and order, the learned Trial Court had convicted the accused-appellants Chhathi Giri, Ram Giri, Lallan Giri, Ram Lagan alias Pattey Giri and Smt. Sudhara Devi alias Sunara Devi alias Subhawati Devi and sentenced them as follows:- I.under Section 368 I.P.C. rigorous imprisonment for one year with fine stipulation to accused-appellants Chhathi Giri, Ram Giri, Lallan Giri Ram Lagan alias Pattey Giri and Smt. Sudhara Devi alias Sunara Devi alias Subhawati Devi ; II.under Section 363 I.P.C. rigorous imprisonment for three years with fine stipulation and under Sections 366-A I.P.C. rigorous imprisonment for three years with fine stipulation to accused-appellants Chhathi Giri, Ram Giri and Lallan Giri; III.under Section 376 I.P.C. rigorous imprisonment for seven years with fine stipulation to accused-appellant Chhathi Giri; IV.on deposition of fine, Rs.5,000/- had been directed to be paid to the prosecutrix; andall the sentences would rune run concurrently.
(2.) The prosecution story, as emerges out form the record, is that Mohanlal, the complainant, gave a written complaint (Exhibit Ka-1) on 20th April, 1992 at the police station Motiganj, alleging therein that he is resident of village Sisawa, police station Mankapur; when he came bake to his home in the morning, he did not find his 15 years old daughter at his home; when he enquired from his mother, she informed that his daughter did not not come back since night; then he enquired about his daughter in the village; villagers, Raghunandan and Hanuman Pandey told him that they saw his daughter going with Chhathi Giri and Ram Giri resident of Gosaipurwa, and Lallan Giri towards Sisawa; and the villagers thought that his daughter was going to his other residence, but she did not reach there and the accused had enticed away his daughter.
(3.) On the basis of the aforesaid complaint, first information report (hereinafter referred to as ''F.I.R.') (Exhibit Ka-9) was lodged on 20th April, 1992 at Case Crime No. 47 of 1992, under Sections 363 and 366-A I.P.C. against accused Chhathi, Ram Giri and Lallan.;