Dev Darshan Sud, J.

The appellant is aggrieved by his conviction under Section 376, 363 and 366 of the Indian Penal Code (hereinafter referred to as the IPC) and has been sentenced as under:

Sr. Offence under

No. Section

1. 363 IPC Sentenced Imposed. Simple imprisonment for seven years

and fine of Rs. 5000/-. In default of

payment of fine the convicted person

shall further undergo simple

imprisonment for one years.

2. 366 IPC Simple imprisonment for seven years

and fine of

Rs.5000/-. In default of payment of

fine convicted

person shall further undergo simple

imprisonment for

3. one year.

376 IPC Simple imprisonment for seven years

and fine of Rs.15000/-. In default of

Payment of fine convicted person shall further undergo simple imprisonment for one year.

2. The prosecution case in brief is that on 19.8.2008 at around 11.30 A.M. accused kidnapped minor prosecutrix (PW3) from the lawful guardianship of her parents and grand-mother from Depot Bazar, Dharamshala and took her to Kangra and Chetru without the consent of her parents with the intention of compelling her to marry him and committed the rape with her during the intervening period upto 20.8.2008 when both the accuse