Surinder Singh,:- The challenge has been made to the judgment of conviction, passed by the Sessions Judge, for the offences punishable under Sections 363, 376 and 342 of the Indian Penal Code whereby the appellant has been sentenced allegedly committing rape on a minor (12 ½ years), to undergo rigorous imprisonment as under:

Sr. No.

Offence

Sentence

1.

U/S.376 IPC.

Rigorous imprisonment for a period of Seven years with a fine of Rs.5,000/-. In default of payment of fine he will undergo rigorous imprisonment for a period of six months.

2.

U/S. 363 IPC.

Rigorous imprisonment for a period of Two years and a fine of Rs.2000/-.In default of payment of fine he will undergo rigorous imprisonment for a period of one month.

3.

U/S.342 IPC.

Rigorous imprisonment for a period of Six months. All the sentences will run concurrently.

(A) PROSECUTION STORY:

2. Precisely, the case of the prosecution as emerges from the prosecution evidence can be stated thus. For the last about two or three months prior to the incident the prosecutrix a minor child of 12 ½ years had been residing with her grand mother (Nani) in village Bandrol.

3. On 16.1.2005 her grand mother had gone to visit her rela