Dalveer Bhandari, J. (Oral)

( 1 ) THIS appeal is directed against the judgment and order of the learned Additional Sessions Judge dated 16. 4. 1977. The accused/appellant faced the trial under Sections 366 and 376 Indian Penal Code The learned Additional Sessions Judge acquitted the appellant of the charge under section 376 Indian Penal Code but convicted and sentenced him to undergo rigorous imprisonment for two years under section 366 and imposed a fine of Rs. 200.

BRIEF facts necessary to dispose of this appeal are recapitulated as under:-

( 2 ) ACCORDING to the prosecution, in the morning of 12th March, 1975, Tara and Bappo, two minor daughters of Babu Khan went to deliver lunch tiffin to their uncle Munnan at Jama Masjid. While returning, they hired one tonga of one Dhunnia. The appellant was also already sitting in that tonga. The tonga driver took tonga to Shahdara on the instructions of the appellant and both these girls were kept by the appellant there on that night at Shahdara. Next day the younger daughter Bappo was permitted to go to her residence. After arriving at her residence Bappo, she narrated the entire incident to her parents. Consequently, a report was lodged by

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