Chander Bhusan Barowalia, J.

1. The present appeal under Section 374(2) of the Code of Criminal Procedure is maintained by the appellant against the impugned judgment dated 7.11.2015, passed by the learned Additional Sessions Judge-II, Una, District Una, (H.P.) in Sessions Trial No. 34 of 2014, whereby the appellant (hereinafter referred to as ‘accused’) was convicted and sentenced to undergo rigorous imprisonment for a period of two years for the commission of offence punishable under Section 379 of the Indian Penal Code and to undergo rigorous imprisonment for a period of four years for the commission of offence punishable under Section 328 of the Indian Penal Code with a prayer to set aside the impugned judgment.

2. Briefly stating facts giving rise to the present appeal are that on 13.3.2014, Parkash Kaur (PW-1), came to the Police Station, Amb, recorded her statement under Section 154 of the Code of Criminal Procedure, Ex.PW1/A, wherein she has alleged that she belonged to Krishana Nagar, Amritsar, Punjab and was coming to Holi fair, Dera Baba Barbhag Singh, Mairi, every year. On 9.3.2014, she had come to fair by bus and stayed at Manji Sahib Gurudwara, on the next day