Hon’ble Pramod Kumar Srivastava, J.—This appeal has been preferred against the judgment of conviction and punishment dated 31.10.2013 passed by the Additional District Judge, Court No. 3, Maharajganj in Sessions Trial No. 38 of 2007 (State v. Ishwar Kewat), case crime No. 620/2005, under Sections 363, 366 IPC and Section 3(2)(v) of the Scheduled Castes or Schedule Tribes (Prevention and Atrocities) Act, 1989, PS-Paniyara, Maharajganj, by which sole accused Ishwar Kewat was convicted and punished for the charge under Section 363 IPC with rigorous imprisonment of 5 years and fine of Rs. 2000/- (in default of payment, further imprisonment of two months), for the charge under Section 366 IPC with imprisonment of 10 years rigorous imprisonment and fine of Rs. 5000/- (in default of payment, five months further imprisonment) and for the charge of Section 3(2)(v) the Scheduled Castes or Schedule Tribes (Prevention and Atrocities) Act, 1989 [hereinafter referred to as SC/ST Act] with life imprisonment and fine of Rs. 10,000/- (in default of payment, further imprisonment of 10 months), and it was also directed that all sentences would run concurrently.

2. The prosecution case in brief was that the informant Indrajeet Pasi (PW-1) had moved an application under Section 156(3) Cr.P.C., which was later registered as FIR of case crime No. 620/2005. According to the prosecution case on 14.10.2005, informant’s minor daughter Sushila had informed at 09:00 pm in the night to the informant and his wife at their tea shop in market that her elder sister Poonam is not at home. After receiving this information, they closed their shop and searched their daughter Poonam. It was informed to them that wife of Gulab Seth and a lady Dukhani had conspired with Girijesh Yadav of village Chandan Chaki and persuaded their daughter Poonam to go with them alongwith Rs. 35,000/- cash and a gold chain. All these accused were seen with Poonam by witnesses Sallaudin, Sarafat Ali and Allaudin. During investigation, the victim Poonam was recovered and after completion of investigation charge-sheet was filed against the sole accused Ishwar Kewat for the offence under Sections 363, 366 IPC and Section 3(1)(xii) SC/ST Act, on the basis of which, S.T. No. 38 of 2007 was registered.

3. During trial, the accused Ishwar Kewat was charged with the offence under Sections 363, 366 IPC and Section 3(1)(xii) SC/ST Act (which was later on amended as Section 3(2)5 SC/ST Act.). The accused pleaded not guilty and claimed to be tried.

4. During trial, the prosecution examined PW-1 Indrajeet Pasi, PW-2 Dhurpatti Devi, PW-3 Sunila @ Sushila, PW-4 Kullu, PW-5 Gulab, PW-6 CP Kalpnath Prasad, PW-7 Additional S.P. Sanjay Kumar and PW-8 Rajkumar Singh.

5. After closure of the prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded, in which he denied the prosecution case. He had examined DW-1 Poonam (victim and daughter of the informant) in his defence.

6. After affording opportunity of hearing to the parties, the trial Court had passed the judgment dated 31.10.2013, by which accused appellant Ishwar Kewat was convicted and punished as above. Against this judgment dated 31.10.2013, he had preferred the present appeal.

7. Sri Prabha Shankar Pandey, Advocate, appeared on behalf of the appellant, Sri Sagir Ahmad, learned AGA appeared on behalf of the State respondents. We have heard the rival contentions, perused the original records of the case and gone through the available evidence. The appeal is being finally disposed off with their consent at this stage itself.

8. Learned counsel for the appellant contended that the victim of this case, who is daughter of the informant (PW-1) Indrajeet Pasi was major at the time of the incident and who married the appellant without the consent of her parents. Due to this a wrong case was registered and false evidence was given in the matter. He also contended that the victim is still the legally wedded wife of the appellan