RAMESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellants and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) THIS criminal appeal has been filed by the appellants - Ramesh Kumar, Mukesh Kumar and Dilip challenging the judgment and order dated 5.2.2003 passed by the learned Additional Sessions Judge - XI, Lucknow whereby they have been convicted and sentenced under Section 376 IPC to undergo 7 years RI and fine of Rs.5000/ - each, and in default of payment of fine they have to further undergo one and half years RI.

(3.) THE prosecution story, in brief, is that on 28.6.1998, at about 2.30 PM, Ramesh, Mukesh, Dileep and Ram Shanker kidnapped the victim while she had gone to attend the call of nature. When she did not return, the informant started searching for her and during search she found the 'lota', which was taken by the victim, near the bush. The informant tried to search the victim and when she came to know that the accused persons had seduced and kidnapped her, she lodged FIR on 1.7.1998, at about 3.30 AM in Police Station Thakurganj, District Lucknow. A case under Section 363, 366 IPC was registered. During investigation the girl was recovered on 27.8.1998 from Hazratganj near Press Club, who was coming along with Ramesh and Ram Shanker on a rickshaw. Ramesh and Ram Shanker managed to flee. Her statement under Section 161 Cr.P.C. and under Section 164 Cr.P.C. was recorded and she was medically examined. After investigation, charge sheet was submitted against Ramesh Kumar, Mukesh Kumar, Dileep, Ram Shanker and Laxmi Narain.