(1.) The instant criminal appeal has been filed by the appellant against the judgment and order dated 28.02.2012 passed by Additional Sessions Judge, Court no. 7, Sitapur in Sessions Trial No.429/06 arising out of case crime no. 384/2000 under Sections 363, 366 and 376 I.P.C. relating to the Police Station Mishrikh, District- Sitapur, whereby, appellant was convicted and sentenced to undergo five years' rigorous imprisonment under Section 363 I.P.C. along with fine of Rs.2,000/-; five years' rigorous imprisonment under Section 366 I.P.C. along with fine of Rs.3,000/-; seven years' rigorous imprisonment under Section 376 I.P.C. along with fine of Rs.10,000/-, with default stipulation. The substantive sentences awarded to the appellant were directed to run concurrently.
(2.) In brief, the prosecution story is that on 24.11.2000 at 12:15 P.M., a report to this effect was lodged by the complainant Ramvilas that accused-Ram Chandra had eloped with his daughter. The age of the victim girl was about fifteen years and other villagers have also seen Ram Chandra with the victim girl on the date of incident. On the basis of this, case crime no. 384/2000 under Sections 363, 366 I.P.C. has been registered. Thereafter, during investigation the daughter of the complainant-Ramvilas was recovered. Her statement was recorded under Section 164 Cr.P.C.. Medical examination was conducted and charge-sheet had been filed in the court concerned.
(3.) In order to prove the case, P.W.1 Ramvilas, P.W.-2 Victim, P.W.-3 Dr. Archana Srivastava, P.W.-4, Sub-Inspector Pankaj Verma, P.W.-5 Ram Kumar, P.W.-6 Ram Autar and P.W.-7 Mangla Prasad were examined by the prosecution.