This appeal, preferred by the appellant u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 5.9.2002 passed by the Additional Sessions Judge, Fast Track Court, Pithoragarh in Sessions Trial No. 21 of 2000, State v. Basant Ram, whereby the learned Additional Sessions Judge has convicted the appellant – Basant Ram under Section 366 and 376 of Indian Penal Code, 1860 (for short, I.P.C.) and sentenced him to undergo three years’ R.I. under Section 366 I.P.C. and three years’ R.I. under Section 376 I.P.C. It was also directed that both the sentences shall run concurrently.

2. In brief, the prosecution case is that PW-2 Ramesh Ram has lodged an FIR in the police station Kotwali, Pithoragarh on 28.4.2000 at 7.25 AM with the averments that on 20.4.2000 at 10 AM appellant-accused Basant Ram has taken his daughter Kumari Vimla (PW-1) aged about 13 years from his house by enticing her. On the third day of the said incident, the complainant Ramesh Ram came to know that the appellant-accused had taken his daughter to Chakarpur by enticing her. Then the complainant reached at the house of the appellant-accused on 23.4.2000 where he came to know that his daughter Kumari Vimal has been kept inside a locked room and he was not allowed to meet his daughter. The appellant-accused threatened him for his life and asked him to go away from there.

3. With aforesaid averments the FIR Ex. Ka-1 was lodged by the PW-2 Ramesh Ram, the father of the victim. On the basis of this report, the chick FIR was prepared by the Head Moharrir Laxmi Dutt Bhatt. The chick FIR is Ex.Ka-4. Necessary entry was also made in the GD. Carbon copy of the GD is Ex.Ka-5. The investigation of this case was entrusted to S.I. Ashok Kumar Arora (PW-5), who during the course of investigation has recovered the victim Kumari Vimla on 2.5.2000 and prepared the fard Ex.Ka-7. The victim was medically examined by the Medical Officer Dr. Bharti Rana (PW-4), who prepared the medical report Ex.ka-2. X-Ray report is Ex.Ka-3. During the course of investigation the I.O. has inspected the place of occurrence and prepared the site plan Ex.Ka-6. The I.O. also prepared the site plan of the place from where the victim was recovered. That site plan is Ex.Ka-8. During the course of investigation, statement of the witnesses were recorded by the I.O. and after completing the investigation, he has filed the chargesheet against the appellant-accused under Section 363, 376 & 368-A of I.P.C. The said chargesheet is Ex.Ka-9.

4. Learned Chief Judicial Magistrate, after giving the necessary copies of the documents to the appellant-accused as prescribed under Section 207 Cr.P.C., committed the case to the Court of Sessions on 9.6.2000. Learned Sessions Judge transferred the case to the Additional Sessions Judge, Fast Track Court, Pithoragarh for its trial according to law.

5. Learned Additional Sessions judge framed the charges against the appellant-accused under Section 363, 366 & 376 of I.P.C. The charges were read over and explained to the appellant-accused, who pleaded not guilty and claimed to be tried.

6. To prove its case, the prosecution examined PW-1 Kumari Vimla, the victim; PW-2 Ramesh Ram, father of the victim; PW-3 Shakuntala Devi, mother of the victim; PW-4 Dr. Bharti Rana, who has medically examined the victim and PW-5 S.I. Ashok Kumar Arora, the I.O. of the case.

7. Thereafter, the statement of the appellant-accused Basant Ram was recorded under Section 313 of Cr.P.C. The oral and documentary evidence were put to the appellant in question form, who denied the allegations made against him. However, the appellant did not produce any documentary or oral evidence in the defence.

8. After hearing learned counsel for the parties and after appreciating the evidence on record, the learned Additional Sessions Judge, F.T.C., Pithoragarh vide his judgment and order dated 5.9.2002 convicted the appellant Basant R