JUDGMENT :

1. Present jail appeal has been preferred against the judgment and order dated 7.7.2011 passed by Additional Sessions Judge, Court No.5, Kanpur Nagar whereby the accused appellant Amar Singh has been convicted and sentenced under section 366 I.P.C. to undergo five years rigorous imprisonment and fine of Rs.2000/-and under section 376 I.P.C. for seven years R.I. and fine of Rs.3,000/-, with default provision in each of the offences. The appellant has been acquitted of the charge under section 363 I.P.C.

2. Heard Mr. Vikram Bahadur Singh, learned amicus curiae, appearing for the appellant and Mr. Shrawan Kumar Ojha, learned Additional Government Advocate for the State.

3. The prosecution case is that the complainant Bablu, P.W. 1 lives in Swaroop Nagar, Kanpur in a hut and carries on the business of selling eggs for livelihood. Amar Singh, the present appellant works in Arya Nagar karkhana. He also lives in Swaroop Nagar. On 22.3.2010, Amar Singh enticed away daughter of the complainant aged about 16-17 years, from her home. He agreed her to marry. The complainant apprehended both, the accused Amar Singh and his daughter from karkhana and gave them in the custody of police. A