JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. The above appeals arise out of common judgement, hence heard together and are being disposed of by common judgment.

2. The present appeals are directed against the judgment and order of conviction and sentence dated 29.11.2006 passed by learned 1st, Additional Sessions Judge, Rajmahal in S.C. No.134 of 2005 whereby and whereunder, the above appellants have been held guilty for the offence under section 366A read with 34 of INDIAN PENAL CODE and sentenced to undergo R.I. of 6 years along with fine of Rs.5,000/- each with default stipulation.

FACTUAL MATRIX

3. Factual matrix giving rise to this appeal is that on 26.06.2004, the informant, Nimai Ghosh lodged an FIR at Barharwa Police Station stating inter alia that on 17.06.2004 at about 7 PM, the accused, namely, Sumitra Mandal, Munilal Mandal, Ratan Cr. Appeal (S.J.) No.1652 of 2006 Mandal, Jatan Mandal had kidnapped his minor sister aged about 13 years from the house with intention to solemnize her marriage with one Prem Mandal. It is further alleged that the victim girl was taken to Farrakah by a car by the accused persons. It is further alleged that the informant returned to his home from h