Rajesh H. Shukla, J.

1. The present appeal is directed against the impugned judgment and order rendered in Sessions Case No. 29/2010 by the Additional Sessions Judge, Gandhidham-Kutch dated 27.12.2011 recording conviction of the appellant-accused for the offence under Sections 363 and 376 of the Indian Penal Code imposing sentence as stated in detail in the impugned judgment and order.

2. The fact of the case briefly summarized are as follows:--

"2.1 The complainant-father lodged complaint that on 06.03.2010, after the dinner, he along with his family including the victim were sleeping in the house, however on 07.03.2010, the complainant had gone for his work, where he received phone call in the morning that the victim-daughter of the complainant was not found in the house and, therefore, inquiry was made at the house of the accused, who is neighbour and was informed that the accused had also left early in the morning stating that he is going out for the labour work. Therefore, the complaint came to be filed being C.R. No. I-8/2010 with Kandala Police Station for the offence under Sections 363 and 366 of the Indian Penal Code. After the victim was found, the report was made