1. This appeal is directed against the judgment dated 23rd of December, 1994 passed in Sessions Trial No. 6/94 by the Additional Session Judge, Dhamtar. By the impugned judgment, the appellant has been convicted and sentenced in following manner with a further direction to run the sentences concurrently:-

Conviction Sentence

u/s 363 IPC R.1. for 3 years and fine of Rs.200/-, in default S.1. for 6 months

u/s 366 IPC R.1. for 5 years and fine of Rs.500/-, in default R.1. for 1 year

u/s 376 IPC R.1. for 7 years and fine of Rs.500/-, in default R.1. for I year .

2. The facts, briefly stated, are as under:

The appellant and co-accused- Mahesh were trial by the Session Court for the aforesaid offences. The allegations are that on 23.1.92, they abducted the prosecutrix (PW -I), who was a minor. She was taken to various places and was recovered on 28.1.92. In between this period, the appellant committed repeated sexual intercourse against the prosecutrix. The Session Court held that the prosecutrix was a minor below 16 years and the appellant committed forcible sexual intercourse against her, after abducting her from the lawful guardianship of her father, therefore, he was liable f