Anil Kumar Srivastava, J. - (1.) The instant appeal has been preferred against the judgment and order dated 28.09.1994 passed by learned III Additional Sessions Judge, Hardoi in Sessions Trial No.412 of 1991 (State v. Jaswant & another) bearing Case Crime No.95 of 1990 of P.S. Pihani, District Hardoi whereby the learned trial court has convicted the accused-appellant Jaswant under Section 363 I.P.C. and sentenced two years' rigorous imprisonment; under Section 366 I.P.C. and sentenced to three years' rigorous imprisonment and under Section 376 I.P.C. and sentenced to five years imprisonment and fine of Rs.500/- with default stipulation of three months' rigorous imprisonment. Accused-appellant Nand Rani has been convicted under Section 363 I.P.C. and sentenced to two years' rigorous imprisonment and under Section 366 I.P.C. and sentenced to three years' imprisonment. All the sentences were directed to run concurrently.
(2.) According to the prosecution version, a first information report was lodged by one Hari Shankar on 20.05.1990 stating that his niece 'X' (name withheld by me) aged about 14 years is living with him. On 06.05.1990, marriage of the sister of complainant was fixed. Everyone was busy in the reception of 'Barat'. In the meantime, accused-appellant Jaswant and his sister Nand Rani, accused induced the victim in order to marry Jaswant and kidnapped her at about 11:00 P.M. Ram Dayal had seen them going with the victim. Since then complainant was in search of his niece but when he could not trace her out, then the first information report was lodged.
(3.) Investigation was handed over to Investigating Officer on 30.05.1990. Investigating Officer recovered the victim along with the accused Jaswant. Victim was medically examined on 31.5.1990 by P.W.8 Dr. Neera Rani. X-ray of the bones of victim was conducted by P.W. 5, Dr. S.K.Rasthogi on 01.06.1990. On the basis of X-ray report and medical examination, P.W. 8 Dr. Neera Rani opined the age of victim as 18 years. She also opined that the victim was habitual to sexual intercourse and no definite opinion regarding rape could be given. Statements of the victim as well as witnesses were recorded. Site plan was prepared. After investigation charge sheet was submitted against the accused-appellants.;