JUDGMENT

S.K. Sahoo, J. - The appellant Ramesh Chandra Sahoo faced trial in the Court of learned Addl. Sessions Judge (F.T.C.), Athagarh in Sessions Trial No. 435 of 2006 for offences punishable under sections 366/376 of the Indian Penal Code on the accusation that on 16.01.2006 he kidnapped the victim with an intent that she would be compelled to marry against her will and also committed rape on her.

The learned trial Court found the appellant guilty under sections 363/376 of the Indian Penal Code and sentenced him to undergo R.I. for a period of 3 years and to pay a fine of Rs. 500/-, in default, to undergo further R.I. for a period of one month under section 363 of the Indian Penal Code and R.I. for a period of 7 years and to pay a fine of Rs. 500/-, in default, to undergo further R.I. for a period of one month under section 376 of the Indian Penal Code and both the substantive sentences were directed to run concurrently.

2. The prosecution case, in short, is that the appellant is the paternal uncle of the victim being the younger brother of the father of the victim. On 16.01.2016 in the early morning while the victim had been to the backyard of her house to bring water, the appe