S.P.Garg, J.

1. The appellant- Vijay Singh @ Darona has filed the present appeal against the judgment and order on sentence dated 22.01.2001 in Sessions Case No.177/1996 arising out of FIR No.435/1992 PS Sultanpuri by which he and his associates Siri Kishana @ Krishan and Tara Devi were held guilty for committing offences punishable under Sections 368/376 IPC. He was sentenced to undergo RI for five years under Section 368/34 IPC and RI for seven years with fine Rs. 250/- under Section 376 IPC.

2. Allegations against the accused were that on 10.09.1992, co-accused Hira Lal kidnapped prosecutrix ‘X’ (assumed name), aged 12 years. The police came into motion when Daily Diary (DD) No.11B was recorded on the statement of Daya Ram. He informed the police that on 10.09.1992, he went to his village leaving behind his wife- Rama Devi and his children including ‘X’. When he returned on 16.09.1992, he came to know that some persons living with a lady in the house of Hira Lal had kidnapped or abducted ‘X’. First Information Report was lodged. During investigation, it came to the notice of the Investigating Officer that on 10.09.1992, Krishan with his wife came to accused Hira Lal R/o