JUDGMENT

Dalveer Bhandari, J.—

1. Leave granted.

2. This appeal is directed against the judgment and order dated 20.11.2008 delivered by the Punjab & Haryana High Court at Chandigarh in Criminal Appeal No.48-SB of 1998.

3. The appellant was convicted by the trial court under sections 363, 366A and 376 of the Indian Penal Code whereas another accused Baldev was convicted under section 366-A of the Indian Penal Code. The High Court acquitted Baldev. Therefore, in this appeal we are only concerned with the appellant, Sunil.

4. Brief facts of this case are as under. Bishan PW8, the father of the prosecutrix lodged a report that on 31st August, 1996 when he returned home, he did not find his daughter, the prosecutrix, Pinki. When he could not locate her for quite some time, then he reported the matter to the police and lodged a first information report. The prosecutrix was traced out by the police on 6th September, 1996. Bishan PW8 suspected that the appellant Sunil had abducted his daughter.

5. The appellant, Sunil belonged to the same Caste and Gotra of the prosecutrix and he was visiting the house of the prosecutrix frequently. The finding of the High Court is that the prosecutrix fe