( 1 ) CRIMINAL Appeal No. 1358 of 1986 is preferred by the State for enhancement of sentence recorded by Assistant Sessions Judge, Gondal on 30th august 1986 whereby the accused was convicted for offences punishable under Secs. 376, 363 and 366 of the Indian Penal Code and was sentenced to rigorous imprisonment for 5 years and to pay a fine of Rs. 300. 00, in default of payment of fine, rigorous imprisonment of 6 months. While passing the sentence, the Court did not pass any separate sentence for offences punishable under Secs. 363 and 366 of the Penal Code. Accused preferred Criminal Appeal No. 4 of 1987 before the Sessions Judge against the aforesaid order of conviction and sentence and by order passed on 22- 9-1989 by the Division Bench of this Court (Coram : R. J. Shah and K. J. Vaidya, jj.) the same was ordered to be transferred to this Court and the said Criminal Appeal no. 4 of 1987 is renumbered as Criminal Appeal No. 17 of 1990. Both the appeals are arising from the common judgment and they are, therefore, heard together and disposed of by this common judgment.

( 2 ) SECTION 376 (1) of the Indian Penal Code reads as under :- (1) Whoever, except in the case p