Both the aforesaid Criminal Appeals arise out of same case from separate judgment and order dated 30.08.2013 passed by the Additional Session Judge/Special Judge (E.C. Act), Nainital in Session Trial No.103 of 2010 (State vs. Waseem) and S.T. No.104 of 2011 (State vs. Saleem), whereby the Trial Court has convicted the appellants under Sections 363, 366 and 376 of IPC.

2. Brief facts of the case are that Akhter Hussain, father of the prosecutrix made a typed complaint to the Police Station, Ramnagar on 10.03.2010 stating therein that his daughter (name is not disclosed) went for tuition on 29.01.2010, but did not return back, in this regard, the Police was informed on 08.02.2010. It was further alleged in the complaint that his daughter made a call at his house from mobile no.9756680206 on 20.02.2010 and talked to his wife for about 10 minutes and informed that one accused Waseem is willing to marry with the prosecutrix and one Saleem is also accompanying them. His wife then asked Waseem to send back her daughter. It was prayed in the compliant that an action be taken against both the accused persons Waseem and Saleem. On the basis of complaint, initially a FIR under Sectio