JUDGMENT :

Ratnaker Bhengra, J.

1. This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 29th June, 1999 passed by the Sessions Judge, Bokaro in connection with S.T. No. 18 of 1995 arising out of B.S. City P.S. Case no. 94 of 1995, G.R. no. 276 of 1995 whereby and where under the appellant was convicted under sections 366A and 376 of IPC and sentenced to undergo rigorous imprisonment for five years u/s. 366 A IPC and R.I. for seven years and fine of Rs. 100/- u/s. 376 IPC and in default of payment of fine, appellant was to further undergo rigorous imprisonment for fifteen days. Both the sentences were directed to run concurrently.

2. The case of the prosecution as per the fardbeyan dated 22.02.1995 of the informant Bhagwan Sah-PW-4 is that he along with his family members lives in a hut situated in Sector XII B and is used to sell vegetable. He has six daughters and one son and his eldest daughter is aged about 14 years (she is a victim and her name is concealed). Informant further stated that Lalta Yadav of village Rupchandpur, P.S. Badlapur, Distt-Jaunpur (U.P.) was living in a hut by the side of his hut and being a neighbour used to