JUDGMENT :

1. Present appeal has been filed by original accused challenging his conviction by learned Additional Sessions Judge, Shrirampur, Dist. Ahmednagar in Sessions Case No.36/2011 dated 16.10.2014, whereby he was held guilty of committing offence punishable under Section 363, 366-A, 376 of the Indian Penal Code.

2. Informant is the brother of the victim. He lodged report with Shrirampur Police Station on 20.03.2011 stating that his sister, who was then aged 15 was residing with him, another brother, brother’s wife and since last about 5 years prior to the said date they all were at Taklibhan, Tq. Shrirampur, in Ashok Nagar Sugar Factory for cutting sugarcane from the jurisdiction of the factory. It was also stated that the brother’s wife had gone for delivery, and therefore, his sister i.e. victim was doing all the domestic work including cooking food. On 14.03.2011 at about 7.00 a.m. when the informant was at his house in Agathan, Tq. Gangapur, his brother informed from Taklibhan, that sister is missing since 10.00 p.m. of 13.03.2011. The brother informed, that after the dinner they all went to sleep and in the morning he found that the sister is not in the hut. He waited for a considerable time and then made inquiry, however, she could not be found. Ultimately when inquiry was further made with one lady, she told that the victim has gone with Lahu Bhausaheb Sonwane i.e. accused, and therefore, both of them were searched. They both could not be found. Brother of the accused brought accused as well as the victim to Taklibhan on 20.03.2011 and when inquiry was made with the victim, she told that accused had taken her under the pretext to marry at Zolegaon, and therefore, the informant lodged the report.

3. On the basis of the said First Information Report, offence vide Crime No.29/2011 was registered under Section 363, 366-A of the Indian Penal Code. The accused was produced before the police, so also the victim. The victim was then sent for medical examination. After the medical examination was conducted, offence under Section 376 of the Indian Penal Code was added. Statement of witnesses were recorded. Medical examination of the accused was also got done. Panchnama of the spot was carried out, so also certain articles were seized. Samples were sent for chemical analysis along with the other muddemal and after collecting the evidence charge sheet was filed.

4. The accused appeared before the learned Sessions Judge, after the case was committed and then charge was framed at Exh.6 for the offence punishable under Section 363, 366-A, 376 of the Indian Penal Code. The contents of the charge were read over and explained to the accused in vernacular. He pleaded not guilty and trial has been conducted. Prosecution has examined in all seven witnesses to bring home the guilt of the accused. After considering the incriminating evidence the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. After hearing both sides the learned Additional Sessions Judge held the accused guilty. He has been sentenced to suffer rigorous imprisonment for three years and pay fine of Rs.10,000/-, in default to suffer rigorous imprisonment for two months for the offence punishable under Section 363 of the Indian Penal Code. He has been further sentenced to suffer rigorous imprisonment for seven years and pay fine of Rs.15,000/-, in default to suffer rigorous imprisonment for three months for the offence punishable under Section 366- A of the Indian Penal Code. Further, he has been sentenced to suffer rigorous imprisonment for 10 years and pay fine of Rs.20,000/-, in default to suffer rigorous imprisonment for four months for committing offence punishable under Section 376 of the Indian Penal Code. All the sentences have been directed to run concurrently. Set off has been granted under Section 428 of Cr.P.C.. Out of the fine amount, amount of Rs.40,000/- was directed to be paid to the victim as compensation under Section