(1.) Instant appeal is directed against the judgement and order dated 27.09.2016 passed in Session Trial No. 204 of 2013, under Sections 363, 366 and 376(2) I.P.C., arising out of Case Crime No. 249 of 2012, P.S. Majhila, district Hardoi, whereby learned Addl. Sessions Judge/F.T.C., Hardoi hold guilty to the accused-appellant Arun Singh under Sections 363, 366 and 376 I.P.C. and sentenced 3 years R.I. and a fine of Rs. 3000/, 5 years R.I. and a fine of Rs. 5000/and years R.I. and a fine of Rs. 8000/, in default of fine further undergo one year simple imprisonment, two months simple imprisonment and three months simple imprisonment respectively.
(2.) According to prosecution in the intervening night of 26/27.5.2012 accused-appellant Arun Singh with the assistance of other named persons in the first information report (Ext.Ka-1) enticed the minor daughter of complainant and carried away her out of his guardianship to Shahjahanpur, Roorkee and Delhi where the accused-2 appellant confined to the daughter of complainant who was aged about fifteen years and committed rape upon her without her consent so many times.
(3.) It is further alleged by the prosecution that the victim was recovered from the company of appellant on 7.12.2012 at Kumrawan Canal Bridge by the police and the appellant was fled away. The medical examination of victim was conducted on 31.7.2012 and the supplementary medical report was prepared on 1.8.2012.