Hon'ble Mohd. Tahir,J.

This criminal appeal has been filed against the judgment and order dated 19.6.2014 passed by Additional Sessions Judge, Court No.2, Pilibhit in ST No.330 of 2013 (State vs. Ram Vilas and another) whereby accused appellant Om Prakash @ Bantu has been convicted and sentenced under Section 12oB read with Section 363 IPC to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.20,000/- with default clause and further convicted and sentenced to undergo rigorous imprisonment for 10 years under Section 376 (2)(g) IPC and to pay a fine of Rs.20,000/- with default clause. Both the sentences were ordered to run concurrently.

2. Eschewing unnecessary details the prosecution case, in brief, is that on 6.3.2013 at 3.30 p.m. one Sant Ram lodged a written report in P.S. Bisalpur (Pilibhit) to the effect that on 25.2.2013 at about 10 o'clock in the night co-accused Ram Vilas had enticed away his daughter (hereinafter referred to as 'the prosecutrix') aged about 14 years. The people of the village had seen him taking his daughter along with him and that in the elopement of his daughter there is hand of accused appellant Om Prakash @ Bantu. He and his family members had searched the prosecutrix at the residences of their relatives and other places but the whereabouts of his daughter could not be known.

On the basis of the above written report (Ext.Ka.1), Constable C.P. Dhanpal Singh (PW-8) prepared the Chick FIR (Ext.Ka.11) and registered the case under Section 363 and 366 IPC against accused Ram Vilas and accused appellant Om Prakash @ Bantu at Crime No.345/13 in P.S. Bisalpur District Pilibhit. He had also made an entry in that regard in the General Diary of that police station, the extract of which is Ext.Ka.12.

3. The investigation of the case was entrusted to S.I. Dhirendra Kumar Tiwari (PW-7) who after making spot inspection prepared site plan (Ext.Ka.8) and recovered the said prosecutrix on 7.3.2013 from Bisalpur Railway Corssing from the company of co-accused Ram Vilas and in that regard prepared recovery memo (Ext.Ka.9) and thereafter on 15.3.2013 he had given the prosecutrix in the supurdugi of her father and a Supurduginama (Ext.Ka.2) was also prepared in that regard.

4. On the next day of the recovery i.e. on 8.3.2013 the prosecutrix was referred to District Women Hospital, Pilibhit where she was medico-legally examined by Dr. Santosh Rana (PW-5) at 1.30 p.m. On her external examination Dr. Santosh Rana found no mark of external injury present on the body of the prosecutrix. The height of the prosecutrix was found 150 cm.; her weight was found 35 kg.; her teeth were found 14/14 and her breast was found developed. Axillary and pubic heir were also found.

On internal examination the doctor found hymen of the prosecutrix old raptured. Vagina admitted one finger easily. No edema, no tenderness was found on the private part of the prosecutrix. Blood was found coming from the cervix. No mark of injuries was found on the private part of the prosecutrix. Two vaginal slides were prepared by the doctor and sent to Pathologist District Hospital, Pilibhit for determination of presence of spermatozoa. The doctor further advised x-ray of right wrist joint, right elbow joint, right knee joint and right sternoclavicular joint for determination of the age of the prosecutrix. The medico-legal examination report is Ext.Ka.5. As per x-ray report (Ext.Ka.3) following things were found:

(I)X-ray (Rt) elbow - The epiphysis around elbow except lateral epicondyle of humerus fused with corresponding bones. Lateral epicondyle of humerus is not fused with humerus.

(II)X-ray (Rt) knee - The epiphysis around knee are not fused with corresponding bones.

(III)X-ray (Rt) wrist - The epiphysis around wrist are not fused with corresponding bones.

(IV)X-ray (Rt) sternoclavicular joint - The epiphysis of right clavicle is not fused with clavicle.

As per Pathologist report (Ext.Ka.4), no dead or alive spermatozoa was seen in