JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. This appeal is directed against the judgment of conviction dated 07.01.2004 and order of sentence dated 08.1.2004, passed by the learned Additional Sessions Judge, (FTC-VII), Hazaribag, in Sessions Trial No. 162 of 2003, whereby the appellant was convicted for the offences punishable under sections 363, 366 and 376 IPC and sentenced to undergo R.I. for a period of 5 years and a fine of Rs. 1000/-. In default of payment further undergo S.I. for a period of 1 month for the offence under section 376 IPC. Further sentenced to undergo R.I. for a period of 5 years under section 366 IPC and fine of Rs. 1000/- and in default of fine further undergo S.I. for a period of 1 month. Further sentenced to undergo R.I. for 3 years and fine of Rs. 250/- for commission of offence under section 363 IPC and in default of payment of fine further sentenced to undergo S.I. for 15 days and all the sentences shall run concurrently.

3. The prosecution case has been lodged on the basis of written report of Budhuwa Uraon who stated that on 4.7.2002 about 8 p.m. in the night his daughter Sawan Kumari aged about 12/13 years came out from the