- (1.) This application for leave to appeal arises out of a judgment dated 17.7.2009 passed by learned Additional Sessions Judge, F.T.C. Lucknow in Session Trial Nos. 1130 of 2008 under Sections 363,366 and 376 I.P.C.
(2.) It appears from the prosecution case as narrated in the trial court judgment that the prosecutrix was forcibly taken away by accused persons Dinesh Pasi and Arvind on 7.3.2008 at 7 p.m. and an F.I.R. was lodged on 9.3.2008 at 9.15 p.m. She was recovered on 10.3.2008 and her statement under Section 164 Cr.P.C. was recorded on 20.3.2008.
(3.) After usual investigation, the police put up a chalan against the accused respondents and examined seven witnesses. They are Shatrughan Lal P.W.1, Ram Baksh Singh P.W.2, Smt. Shambhu Dai P.W.3, prosecutrix P.W.4, Head Constable Siya Ram P.W.5, Medical Officer, Doctor Manjul Bahar P.W.6, and Sub Inspector, Diwan Singh P.W.7. In their statements accused persons denied the prosecution case and submitted that they are married persons and they have been falsely implicated in the case.;