ADITYA KUMAR TRIVEDI, J.:–Sole appellant Sintu Kumar who has been found guilty for an offence punishable under Section 376 of the IPC vide judgment dated 14.12.2010 and sentenced to undergo R.I. for ten years as well as also fined Rs.10,000/- in default thereof to undergo R.I. for one year vide order dated 20.12.2010 by the First Additional Sessions Judge, Barh, Patna in Sessions Trial No.125 of 2007 has challenged the aforesaid finding under instant appeal.

2. Ranju Devi (PW-7), mother of victim Neha Kumari aged about 3 years had given her fardbeyan on 17.10.2006 disclosing therein that Sintu Kumar has visiting terms as well as was occasionally offering toffee and other article to children being her neighbour. On previous day i.e. on 16.10.2006 Sintu Kumar came and took away Raju, her nephew aged about 4 years and her daughter Neha. After sometime came with aforesaid two children and disclosed that he had offered chocolate. Again at about 05:00 P.M. he took away her daughter Neha from near her house. Seeing absence of her daughter she began to search and during course thereof, she found her daughter in a room locked from outside at the “Gohal” (cowshed) of Tanik Sao. With