JUDGMENT

The appellant Faizan @ Fajju has preferred the present criminal appeal No. 181 of 2013 against the judgment and order dated 22.1.2013 passed by learned Addl. Sessions Judge, TECP-3, Lucknow in S.T. No. 287-A of 2006 whereby the appellant has been convicted for the offence punishable under section 376(2)(G) IPC and sentenced to undergo life imprisonment with a fine of Rs. 10,000/-, in default of the payment of fine, further undergo simple imprisonment of one year.

2. According to the prosecution version the FIR of this case has been lodged by P.W. 1 Sabruddin on 2.5.2005 at 8.20 P.M. alleging therein that his daughter aged about 15 years was kidnapped by three persons, she was forcibly taken into Santro car in the presence of his son Abasuddin aged about eight years, she was taken to some unknown place. Its information was given by Abasuddin to him, thereafter he lodged the FIR. During the course of the investigation the I.O. collected the evidence against the appellant Faizan @ Fajju, co-accused Gaurav Shukla, Aman Bakshi, Saurav Jain, Bhartendu Mishra and Asif Siddiqui and submitted the charge sheet under sections 365, 376 IPC but the trial court framed the charge against