Dinesh Chandra Somani, J.

This criminal appeal has been filed under Section 374 of Cr.P.C. against the judgment of conviction and order of sentence dt. 12/3/2010 passed by the learned Additional Sessions Judge (Fast Track) No.2, Jhunjhunu in Sessions Case No. 68/2008 (93/2008) whereby the appellant has been convicted and sentenced as under:-

(i) For offence under Section 363 IPC sentenced to seven years rigorous imprisonment and to pay a fine of Rs.1000/-. In default of payment of fine to further undergo six months additional simple imprisonment.

(ii) For offence under Section 366 IPC sentenced to ten years rigorous imprisonment and to pay a fine of Rs. 1000/-. In default of payment of fine to further undergo six months additional simple imprisonment.

(iii) For offence under Section 376 IPC sentenced to ten years rigorous imprisonment and to pay a fine of Rs.2000/-. In default of payment of fine to further undergo one year's additional simple imprisonment.

(iv) For offence under Section 302 IPC sentenced to life imprisonment and to pay a fine of Rs. 5000/-. In default of payment of fine to further undergo one year's additional simple imprisonment.

2. All the substantive sentences were ordered to run concurrently.

3. Prosecution story in brief is that on 11/4/2008 at about 8.15 a.m., Manohar Singh (PW-2) submitted a written report to ASI Bajrang Lal (PW-20) in village Barwa indicating that he came to Barwa with his family in connection of marriage of his brother-in-law. In night at about 8 p.m., they went to village Barwa in Banori (marriage procession) from house of his father-in-law situated at Bawra stand. After Banori procession, they returned at about 9 p.m. to the house of his father-in-law Rewat Singh. His daughter "S" (name mentioned in the file and withheld to protect her identity) was also with them and thereafter, she accompanied children. In night, they thought that she would have slept with children. In morning at about 6.30 a.m., Kishan S/o Mahesh Kumawat came to them and told that informant's daughter is lying dead near road. Thereafter, he and his brother-in-law Prabhu Singh rushed to the road side, where his daughter "S" aged 10 years was lying dead near a tree of Kheep at the corner of road. They saw injuries on mouth and head of the deceased and her pant was blood stained. After removing her pant, it was noticed that she has been raped. Someone has raped and murdered his daughter etc.

4. ASI Bajrang Lal (PW-20) made his endorsement on this written report and sent the same to Police Station Udaipurwati with constable Tekchand for registration of crime, where an FIR (Ex.P-3) was registered on the above report being FIR No.73/2008 for commission of offences under Section 376, 302 of IPC.

5. During investigation, Panchayatnama was prepared, autopsy report of deceased was obtained from medical board, regarding rape vaginal swab was obtained after medical examination of deceased, site plan was prepared, samples of blood stained and control soils were taken from the place of occurence, clothes worn by deceased were seized, accused-appellant was arrested and report of his medical examination was obtained, statements of the witnesses were recorded under Section 161 Cr.P.C., recoveries of clothes and shoes were made from the accused-appellant which were worn by him at the time of occurence and were seized, foot prints of culprit were obtained from the scene of occurence, blood sample of accused-appellant was taken for DNA test. Samples of soils, clothes of deceased and clothes, shoes, samples of blood, semen, saliva of accused-appellant were sent to Forensic Science Laboratory, Jaipur and after usual investigation, charge-sheet was filed against the accused-appellant for commission of offence under Sections 302, 376, 363, 366 of IPC.

6. Learned trial court framed the charges for above offences against the accused-appellant brought before it for trial. The charges were read over and explained to the accused-appellant wh