The court's decision was influenced by the sufficiency and credibility of the evidence presented by the prosecution in proving the sexual offense committed by the appellant.

ORDER

1. This appeal is directed against the final judgment and order dated 19 - 8 - 2004 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 146 - SB of 1992 whereby the High Court has maintained the conviction and sentence passed against the appellant herein by the Learned Additional Sessions Judge, Jind vide judgment and order dated 6 - 3 - 1992. We have heard Mr. D.K. Garg, learned counsel for the appellant and Mr. Rajeev Gaur Naseem, learned counsel for the State and perused the judgment impugned in this appeal and the evidence tendered in this case. According to the prosecution, on 9 - 3 - 1991, the prosecutrix Bimla was abducted by the appellant Ram Kumar and she was subjected to sexual intercourse by him. On 17 - 3 - 1991, an FIR under Sections 366 and 376 of the Penal Code was registered at the instance of the father of the girl, namely, Shri Sher Singh. On 29 - 3 - 1991, the girl was recovered and as per the statement made by Smt Roshini (PW 7), the mother, she was brought by the police from Village Sirsawa on 29 - 3 - 1991 and on that date the police got the statement of the girl recorded in the Court of SDJM, Safidon under Section 164 of the Criminal Procedure Code. On 30 - 3 - 1991 the case was committed to the Court of Session. The prosecution examined as many as eight witnesses. The learned Additional Sessions Judge by order dated 6 - 3 - 1992 convicted the appellant under Sections 366 and 376 of the Penal Code and sentenced him as under:

"Hence I hereby convict the accused under Section 376 IPC and sentence him to the minimum sentence of RI for seven years and a fine of

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