Anil Kumar Srivastava, J. - (1.) The instant appeal has been preferred against the judgment and order dated 28.04.1993 passed by learned II Additional Sessions Judge, Faizabad in Sessions Trial No.44 of 1989(State v. Ram Prasad & others) bearing Case Crime No. 62 of 1987 of P.S. Ghoshainganj, District Faizabad whereby the learned trial court has convicted the accused-appellants Ram Prasad and Khushi Ram under Section 363 I.P.C. and sentenced each of them to four years' rigorous imprisonment and fine of Rs.1000/- with default stipulation of four months' rigorous imprisonment. Accused-Gur Prasad was acquitted of the charges under Section 366, 109 I.P.C. Accused-appellants Ram Prasad and Khushi Ram were also acquitted of the charges under Sections 366 and 376 I.P.C. No appeal has been preferred against the judgment of acquittal.
(2.) According to the prosecution version, a first information report was lodged on 22.2.1987 by Ram Kumar, father of the victim stating that his minor daughter aged about 14 years 'A' (name withheld by me) has been kidnapped on 18.2.1987 by Ram Prasad & Khushi Ram. She has taken away with her the ornaments and Rs.2,000/- in cash. He was searching his daughter but when he could not trace her, then the first information report was lodged under Sections 363, 366 I.P.C. Investigation was handed over to the Investigating Officer. During investigation, statements of the witnesses were recorded and the victim was recovered by the police on 12.3.1987 in the company of accused Ram Prasad who absconded at the time of recovery. The victim told his name to the police. Subsequently, the victim was medically examined on 13.3.1987 at Government Hospital, Faizabad. A supplementary medical report was also prepared on 31.3.1987 on the basis of X-ray reports wherein her age was assessed as 17 years, although doctor also opined that no definite opinion regarding rape could be given. Statement of victim under Sections 164 Cr.P.C. was recorded by the Magistrate on 18.3.1987. Investigating Officer submitted charge sheet against accused Ram Prasad, Gur Prasad and Khushiram.
(3.) Accused-Appellants Ram Prasad and Khushi Ram were charged under Sections 366, 376 I.P.C. while accused Gur Prasad was charged under Section 109 I.P.C., who denied the charges and claimed for trial.;