Hon'ble Mrs. Ranjana Pandya,J.

1. This appeal has been preferred by the appellant against the judgment passed by Additional Sessions Judge, Fast Track Court, Mahoba dated 12.06.2015 in S.T. No. 148 of 2008, arising out of Case Crime No. 356 of 2008, under Sections 363, 366, 368, 376, 380 and 506 I.P.C., Police Station Mahobkanth, District Mahoba, whereby the appellant was found guilty and convicted under Section 366 I.P.C. for five years R.I. and a fine of Rs. 2000/- with default stipulation, under Section 368 I.P.C. for five years R.I. and a fine of Rs. 2000/- with default stipulation and under Section 376 I.P.C. for seven years R.I. and a fine of Rs. 3000/- with default stipulation. All the sentences were to run concurrently.

2. Brief facts of the prosecution case is that, the first information report was lodged by the informant PW-1 Maan Singh on 29.04.2008 at 11:00 A.M. at the Police Station Mahobkanth stating that on 24.04.2008, his minor daughter Kumari Sanju aged about 15 years was enticed away by Arvind. His golden neckless weighing 25 gms., golden belt weighing 80 gms., four golden bangles weighing 2 tolas, silver Payal weighing 250 gms., other jewellery and Rs. 4200/- in cash was also taken by Arvind. the informant was busy in tracing out his daughter but he could not trace her. He came to know that Arvind, his brother-in-law Mangal and his son Santosh were instrumental in enticing away his minor daughter, hence, the first information report was lodged.

3. On the basis of this first information report, Head Constable Satya Kumar, PW-7 prepared the chick report and proved it as Exhibit Ka-11. On the basis of this chick report, relevant entries were made in the G.D. which were proved by this witness as Exhibit Ka-12. The investigation of the case was entrusted to PW-5 S.I. Chandi Lal Verma on 29.04.2008. He copied the report in the C.D. and recorded the statement of Head Constable Satya Kumar and Maan Singh, the informant. On 02.05.2008, he inspected the spot and prepared the site plan and proved it as Exhibit Ka-4. On the same day, this witness recorded the statements of Sushila, Rinki, Om Prakash and Vikram Singh. He went to the Primary School, Tikaria and obtained the age certificate of the victim in which her date of birth was mentioned as 03.12.1989 which was proved as Exhibit Ka-5. On 06.05.2008, the accused Santosh and Mangal were arrested and their statements were recorded by this witness. On 18.05.2008, on the basis of information received from the informer, the victim was recovered and handed over to her parents, prepared its 'Supurdginama' and proved it as Exhibit Ka-6. The victim was sent for medical examination finally and this witness has submitted charge sheet against the accused person and proved it as Exhibit Ka-7. He also proved the supplementary charge sheet which was submitted against Rajendra Singh, Mangal Singh, Smt. Meera and Santosh.

4. The prosecution also examined PW-2 Smt. Sanju Devi, the victim who has proved her statement under Section 164 Cr.P.C. as Exhibit Ka-2. PW-3 Rinki is daughter of the informant and sister of the victim. PW-4 is Smt. Sushila is the mother of the victim and wife of the informant. PW-6 is Dr. Rashmi Sharma, Medical Officer who examined the victim and proved the medical report as Exhibit Ka-9 and the reference slip as Exhibit Ka-10.

5. After these seven witnesses were examined before the trial court, the prosecution closed its evidence and statement of the accused persons were recorded under Section 313 Cr.P.C.

6. In the statement under Section 313 Cr.P.C., all the accused persons have denied the occurrence and said that they had been falsely implicated in this case. The accused persons examined DW-1 Prem Narayan as defence witness.

7. Learned lower court after perusal of the evidence on record and hearing the counsel for the parties acquitted the accused Rajendra Singh, Mangal Singh, Smt. Meera and Santosh and found the accused Arvind guilty and convicted h