N.K. Jain, J.-The Additional Sessions Judge (Fast Track) No. 2 Jaipur City, Jaipur, vide its Judgment and order dated 06.08.2002, in Sessions Case No. 41/2002, convicted and sentenced accused-appellant Bajrang Singh @ Guddu as under:-

Under Section Sentence of Imprisonment 397, IPC To seven years rigorous imprisonment.

394, IPC To seven years rigorous imprisonment and fine of Rs. 1,000/-in default of payment

of fine, to further undergo two months additional simple imprisonment.

Both the sentences to run concurrently.

2. Being aggrieved with the same, the accused-appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure.

3. Brief facts giving rise to this appeal are that PW. 9 Manju Rao wife of Shri Mahendra Kumar lodged a written report (Exhibit P-5) at Police Station Sodala, Jaipur wherein it was alleged that she resides at Plot No. 142-A, Shakti Nagar, Sodala. On 28.02.1997 at about 8.30 PM to 9.00 PM. three miscreants entered in her house. The description of the miscreants was mentioned in the report. They were having knives in their hands. It was alleged that on the tips of knives they committed robbery in her house and ran away. On the bas