1. Appellant, Mohd. Afzal Naik, who has been convicted and sentenced for rigorous imprisonment of seven years and fine of Rs.10,000/- under section 376 RPC, in default, to further suffer simple imprisonment for one year; and rigorous imprisonment of five years and fine of Rs. 5000/- u/s 366 RPC, in default, to further undergo simple imprisonment of six months, vide judgment of conviction/order of sentence dated 07.02.2006/08.02.2006 respectively by the learned Additional Sessions Judge, Ramban, has filed the present appeal with prayer for setting aside the same..

2. Brief facts of the case are that a criminal challan under Sections 366/376 RPC in FIR no. 65/2002 was filed by the Police Station, Banihal against the present appellant in the Court of Judicial Magistrate 1st Class, Banihal, who committed the same to the Court of learned Additional Sessions Judge, Ramban on 17.07.2002.

3. The allegations against the appellant are that the prosecutrix when had gone to answer the call of nature at Har Beer, Kaskoot, the appellant abducted her and took her to Moga in Punjab and Batote where she was seduced to illicit intercourse against her will and wish. A written report dated 16.05.2002 was lodged by the father of the prosecutrix with the Police Station, Banihal and accordingly FIR No.65/2002 under Section 376 RPC was registered and investigation was started. During the investigation, the prosecutrix was recovered from a room of the appellant’s house situated at Batote. She was medically examined and the medical report was procured. The statements of the prosecution witnesses were recorded u/s 161 Cr.P.C. and on completion of the investigation, the police authorities filed the present challan against the accused for the alleged commission of offences under Sections 366/376 RPC. The accused was charge sheeted and the prosecution was directed to produce the evidence. During the course of trial, the prosecution has produced PW-1 Mohd Ayub Khan, PW-2 Mst. Misra Begum, PW-3 Wazir Mohd Khan, PW-4 Mst. “A” (prosecutrix), PW-5 Mohd Ayub SPO, PW-6 Om Singh SPO, PW-7 Dr. Rehana, PW-8 Mohd Iqbal Bhat and PW-9 Gulam Mohd, H.C.

4. The learned Additional Sessions Judge, Ramban on consideration of the matter found that the prosecution had succeeded in establishing the case against the appellant and accordingly convicted the appellant and sentenced him to seven years rigorous imprisonment and fine of Rs.10,000/- under Section 376 RPC and five years rigorous imprisonment and fine of Rs.5000/- under Section 366 RPC.

5. The appellant feeling aggrieved of the conviction and sentence imposed on him, has challenged the same on various grounds inter alia that the trial court has not properly appreciated the evidence; the court has not considered various contradictions which emerge in the prosecution witnesses; the judgment and the order impugned are contrary to the facts of the case and law on the point; that the prosecution case was unbelievable but the trial court has by wrong appreciation of facts, convicted and sentenced the appellant on the basis of insufficient evidence.

6. I have considered the matter and have gone through the trial court record, particularly the statements of the witnesses recorded and relied upon by the learned trial court in arriving at the conclusion of guilt of the appellant.

7. Before commenting upon the merits of the case, the brief resume of the prosecution witnesses is as under;

PW-1 Mohd Ayub Khan: On examination in chief by the APP, the witness stated that he knows the accused present in the court. Prosecutrix “Mst. A” is his daughter. On 11.05.2002 at 2 pm the Army took him to Maira Mangat, who was left by the Army on the next day at 2 pm and when he was taken by the Army, his daughter “Mst. A” was present in the home and his wife had gone to her parental house. When he reached back he did not find his daughter in the house. He started searching for her and after 2/3 days of the occurrence he lodged the written repor