SANTOSH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned A.G.A for the State.

(2.) The present appeal under Sec. 374 (2) of the Criminal Procedure Code has been preferred against the judgment and order dtd. 5/8/2004 passed by Additional Session Judge (Court No.1), District Sitapur in S.T. No. 647/2002 (State Vs. Santosh and others) arising out of Crime No. 121/99, Police Station Harigaon, District Sitapur, convicting and sentencing the appellant No.1-Santosh under Sec. 363 I.P.C. for a period of five years rigorous imprisonment and under Sec. 366 I.P.C. for a period of five years rigorous imprisonment and convicting and sentencing the appellant No.2-Mangu, under Sec. 368 I.P.C. for a period of five years rigorous imprisonment.

(3.) The prosecution case is that the complainant Smt. Bhagota, submitted a written information to the Station House Officer (SHO), Hargaon, on 12/4/1999. The report stated that on the night of April 11, 1999, her daughter, Kumari Rajni (aged 15 years), had been enticed away by unknown persons. The complainant expressed suspicion that Santosh, Sobaran, and Mastram had enticed away her daughter. Despite an extensive search by the complainant, the girl could not be traced.