ORDER :

1. The sole appellant has challenged the judgment of conviction under section 366A IPC and under section 376 IPC dated 06.08.2001 and the order of sentence of R.I. for Seven years with fine of Rs. 5000/- under section 366A IPC and R.I. for Ten years with fine of Rs. 5000/- under section 376 IPC dated 09.08.2001 passed by the 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 249 of 1990.

2. The appellant was granted bail by this Court by an order dated 28.01.2002.

3. The informant of this case is father of the victim girl. On the basis of his fardbeyan recorded on 18.02.1990 that his daughter is missing since 13.02.1990, Jharia P.S Case No. 65 of 1990 was registered under section 366A IPC against the accused-appellant. However, after the investigation a charge-sheet was filed under section 366A IPC and section 376 IPC and by an order dated 14.05.1993 charges for the aforesaid offences were framed.

4. During the trial, the prosecution has examined altogether 8 witnesses; the informant is PW-2 and the victim girl has been examined as PW-5.

5. The investigating officer of this case has not been examined and Dr. Leena Priya who has been examined to prove the medical report