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