Mukta Gupta, J.

Amar Kumar Pandey challenges the impugned judgment dated 27th August, 2015 convicting him for the offences punishable under Section 376/307 IPC and the order on sentence dated 11th September, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.15,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year for the offence punishable under Section 376 IPC and rigorous imprisonment for a period of eight years and to pay a fine of Rs.20,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year for the offence punishable under Section 307 IPC.

2. Learned counsel for the appellant submits that the testimony of the prosecutrix (PW-13) by itself shows that the offence under Section 376 IPC is not made out as she herself stated that the appellant never refused to marry her. Promise to marry was only incidental. With respect to recovery of phone, the location of the phone has not been mentioned. Phone was not identified by the prosecutrix and CDRs of the phone were also not exhibited. The CDRs available on record are for the period from 17th Au