JUDGMENT :

1. This appeal is directed against the impugned judgment of conviction dated 24.06.2006 and order of sentence dated 26.06.2006 passed by the learned Additional Sessions Judge, Fast Track Court, Koderma in Sessions Trial No. 103/1994 corresponding to G.R. Case No. 272 of 1993 (T.R. No. 280 of 1994) in connection with Chouparan P.S. Case No. 69/1993 whereby and where under both the accused appellants were convicted for the offence punishable u/s 366 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and they were sentenced to undergo rigorous imprisonment (hereinafter referred to as R.I.) for a period of 3 years (three years) and also a sentence of fine was awarded to a sum of Rs. 2,000/- (Rupees Two Thousand Only) and in default of payment of fine, further R.I. for a period of three months was imposed.

2. The prosecution story arose in the wake of complaint instituted by the “victim” (Hereinafter referred to as "victim" and the name concealed mindfully to maintain confidentiality : P.W. 1) vide Complaint Case No. 74 of 1993 which was later on registered as Chouparan P.S. Case No. 69/1993 corresponding to G.R. Case No. 272 of 1993, where the complainant / informant (P.W. 1) stated in the aforesaid complaint case by alleging that on the date of occurrence i.e., on 13.03.1993 (she was about 15 years of age at that time), the accused persons namely Bharat Modi, Mathura Modi, Rajendra Modi and Jharkhandi Modi at about 11 a.m. on 13.03.1993 forcibly entered into the house of informant. At that very time, the informant was engaged in her kitchen room. It is alleged that having committed criminal house trespass, the accused persons surrounded informant and her mother. Accused Bharat Modi told them that the marriage of the informant with the accused Baleshwar Choudhary has been fixed by him, but the informant denied the proposal for that marriage with the said Baleshwar Choudhary. Thereafter, the accused Baleshwar Choudhary and Jharkhandi Modi wanted to take her away forcibly, but, the informant's mother raised objection, due to which the accused Rajendra Modi started assaulting her mother with fists and slaps. It has further been alleged that the accused Baleshwar Choudhary took out the informant from her house and confined her mother in a room. It is further alleged that when the informant raised alarm, the accused Bharat Modi and others started beating the informant's mother mercilessly and told her that the victim had been purchased for a consideration money of Rs. 15,000/-(Rupees Fifteen Thousand) from her son (Bharat Modi who was the brother of the victim and son-law of appellant no.1). It is further alleged that in spite of objection and resistance, the accused persons took away the informant forcibly. In continuation of this offence, the accused Rajendra Modi snatched away a silver har (necklace) worth Rs. 300/-(Rupees Three Hundred) only from the neck of informant's mother. It is further alleged that having heard the alarm of the informant, the neighbors came there, but, before their arrival the accused persons had already taken away the victim forcibly. It is further alleged that the police was informed on the same day with regard to the occurrence, but, the police did not institute the case. It is further alleged that the accused persons had tried to rape on her, but, could not succeed.

After receiving the carbon copy of the complaint, Chouparan P.S. Case No. 69/1993 dated 06.05.1993 for the offences punishable u/Ss. 323, 354, 366, 366A, 372, 373 of the I.P.C. was registered and the investigation of the case commenced. On completion of the investigation, the charge sheet for the offences punishable u/ss. 366 & 366 A of the I.P.C. was submitted on 18.10.1993 against three accused persons namely Bharat Modi, Mathura Modi and Jharkhandi Modi by showing them in custody and against two accused persons namely Baleshwar Prasad Choudhary and Rajendra Modi by showing them absconder. Later on, a supplementar