( 1 ) ACCUSED Bhaiyyan @ shafiullah, s/o Habibullah @ Sodagar has preferred this appeal against the judgment and order dated 30th June, 2003, passed by the trial Court, whereby the accused-appellant has been convicted and sentenced as under :-

Under Section Sentence of Imprisonment 363, IPC To suffer six months rigorous imprisonment and a fine of Rs. 500/-, (in default of payment of fine, to further undergo ten days additional rigorous imprisonment) 366, IPC To suffer one years rigorous imprisonment and a fine of Rs. 1,000/-, (in default of payment of fine, to further undergo one months additional rigorous imprisonment) 376, IPC To suffer seven years rigorous imprisonment and a fine of Rs. 5,000/- (in default of payment of fine, to further undergo six months additional rigorous imprisonment)

All the sentences were ordered to run concurrently.

( 2 ) BRIEFLY stated the facts of the appeal are that PW-4 Kishanlal Gurjar lodged a written-report (Exhibit P-3) at Police Station subhash-Chowk, Jaipur, on 11th September, 2000, that one boy Bhaiyyan was living in a room of his house as a tenant but subsequently when he came to know that the said boy is characterless, then