R.P. DHOLARIA, J.

[1] Criminal Appeal No.374 of 2009 has been preferred by the appellant – accused against his conviction and sentence and Criminal Appeal No.597 of 2009 has been preferred by the State for enhancement of sentence awarded to the accused.

[2] Both the above referred Criminal Appeals have arisen from the same judgment and order delivered by the learned 3rd Additional District & Sessions Judge, Surat on 12.02.2009 in Sessions Case No.55 of 2008.

[3] The accused was convicted for the offence punishable under Section 452 of the Indian Penal Code and was sentenced to undergo simple imprisonment of one year and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment of three months. The accused was convicted for the offence punishable under Section 376 of the Indian Penal Code and was sentenced to undergo simple imprisonment of seven year and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment of one year. The learned 3rd Additional District & Sessions Judge, Surat has ordered to run both the sentences concurrently.

[4] The facts in short giving rise to the present appeals are as under.

[4.1] According to the prosecution case, the co