Ashutosh Mohunta, J.

1. This appeal has been filed against the judgment dated March 31, 1996, whereby the appellant has been convicted under Sections 366 and 376, Indian Penal Code, and the order of sentence dated February 1, 1996. Under Section 366, I.P.C., he has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/-. In default of payment of fine, he has been ordered to undergo further rigorous imprisonment for two years. Under Section 376, I.P.C., the applicant has been sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 10,000/-. In default of payment of fine, the appellant has been ordered to undergo further rigorous imprisonment for three years. Both the substantive sentences of imprisonment have been ordered to run concurrently.

2. Prosecutrix Sita Devi, who was stated to be 16/17 years of age in the complaint dated June 5, 1994 lodged by her father Jit Bahadur (P.W.4), was found missing since May 30, 1994 as she had not returned to her house from the nearby jungle where she had gone to ease herself at 6 P.M. According to the complainant, he and his wife Smt. Savitra Devi continued searching her bu