P.C. Jain, J.-The accused-appellant Banshilal has filed this appeal through the Superintendent, Central Jail, Jodhpur against the Judgment dated 20-12-1996 passed by the learned Additional Sessions Judge No. 3, Jodhpur, by which, the accused-appellant Banshilal was found guilty of the offences under Sections 363 and 376 read with Section 511 IPC and was sentenced 7 years rigorous imprisonment together with a fine of Rs. 1,000/-and in default of payment of fine ;to further undergo simple imprisonment for “six months for the offence under Section 363 IPC and to 10 years rigorous imprisonment together with a fine of Rs. 1,000/-and in default of payment of fine to further simple imprisonment for six months.

2. Theaccused-appellant was charged with the offences under Sections 363 and 376 IPC on the allegations that on-3-8-1994, at about 6.30 p.m., he kidnapped Mst. Diksha aged 8 years while she and her cousin Rajendra Rathi both were sitting on the shop of her father PW- 1 Heeralal Rathi. According to the prosecution story, Heeralal left the shop at about 5.30 p.m. leaving Diksha and Rajendra on the shop. When he returned at about 6.30 p.m. his nephew Rajendra enquired from him