JUDGMENT :

Pradeep Kumar Srivastava, J.

1. I have already heard the arguments advanced by Mr. Manoj Kumar Sah, learned counsel for the appellant as well as Mr. Sunil Kumar Dubey, learned Additional Public Prosecutor appearing for the State.

2. This instant criminal appeal is directed against the judgment of conviction and order of sentence dated 23.10.2007 and 29.10.2007 respectively passed by learned 6th Additional Sessions Judge (F.T.C.-3), Godda in Sessions Trial No.228 of 2005 arising out of Godda (Town) P.S. Case No.271 of 2005 (corresponding to G.R. Case No.884 of 2005), whereby and whereunder, the sole appellant has been held guilty for the offences under Sections 376 and 366 of the INDIAN PENAL CODE and sentenced to undergo R.I. for seven years for the offence punishable under Section 376 of the I.P.C. with fine of Rs.5,000/- and R.I. for six years for the offence punishable under Section 366 of the I.P.C., with default stipulation. Both the sentences were directed to run concurrently.

3. The factual matrix giving rise to this appeal is that on 19.08.2005 since 02:30 p.m., informant’s minor daughter aged about 16 years (victim girl) was traceless from the house, the informant