JUDGMENT :

Pradeep Kumar Srivastava, J.

Heard Parambir Singh Bajaj, learned Amicus Curiae as well as Mr. Sardhu Mahto, learned Addl.P.P. appearing for the State.

2. Instant appeal is directed against the judgment and order of conviction and sentence dated 23.12.2005 & 24.12.2005 passed by learned Additional Sessions Judge, Ghatsila in S.T. Case No. 304 of 2001 whereby and where under the appellant has been held guilty for the offences under Sections 366 and 376 of the I.P.C. and sentenced to undergo R.I. for five years under Section 366 of the I.P.C. and seven years R.I. for seven years and both the sentences were directed to run concurrently.

Factual Matrix

3. The factual matrix giving rise to this appeal as depicted in the F.I.R. is that on 14.11.2000 at about 08:00 P.M., informant’s daughter aged about 13 years, had gone to attend the nature’s call near the pond and become traceless. In spite of search by the informant, he could not found his daughter. On 15.11.2000, the informant came to know that the present appellant was also absconding since last night and upon inquiry, he got information that the appellant had kidnapped his minor daughter and committed rape with her on false pre