JUDGMENT :

Ganesh Ram Meena, J.

1. The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dated 26.11.1993 passed by the Court of learned Sessions Judge, Jhalawar (Rajasthan) [for short ‘the learned trial court’] in Sessions Case No.64/1991, whereby, the accused appellant has been sentenced as under:-

U/s. 363 IPC :

Fire years Rigorous Imprisonment and a fine of Rs.2,000/-. In default of payment of fine, the accused appellant has to further undergo six months Rigorous Imprisonment.

U/s. 376 IPC :

Five years Rigorous Imprisonment and a fine of Rs.2,000/-. In default of payment of fine, the accused appellant has to further undergo six months Rigorous Imprisonment.

Both the sentences were ordered to run concurrently.

2. As per the case of the prosecution, on 03.11.1990 complainant Kesar Singh (PW2) lodged an FIR No. 2341990 (Ex.P18) at Police Station Jhalrapatan, District Jhalawar for the offences under sections 363 and 366 IPC. The FIR reads as under:-

^^dy fn- 02-11-1990 dks esjh cPph larks"k daoj mez 14&15 lky esjs HkkHkh lk- o xkao ds vU; 10&12 cPpksa ds lkFk esyk ikVu dkfrZd Luku djus vkbZ Fkh tc 'kke dks esjs HkkHkh