B. R. ARORA, J.

( 1 ) THIS is appeal is directed against the judgment dated 10-6-1994, passed by the Sessions Judge, Jhalawar, by which the learned Sessions Judge convicted the accused- appellant for the offence under Sections 376 and 363 I. P. C. and sentenced him to undergo seven years rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine further to undergo six months rigorous imprisonment for the offence under Section 376 I. P. Co and five years rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine further to under go six months rigorous imprisonment for the offence under Section 363 I. P. C.

( 2 ) ACCUSED-APPELLANT Bherun Lal was tried by the learned Sessions Judge for the offences under Sections 376 and 363 I. P. C. for kidnapping Miss Beena D/o Jagdish a minor girl of about fourteen years, from the house of Jagdish in the intervening night of 28-10-1993 and committing rape upon her. The case of the prosecution is that on 28-10-1993, in the night Miss Beena, who had gone to see the programmes on television in the house of her grand-father, did not return to her fatherts house till 12. 00 in the night and, therefor