Sudhanshu Dhulia, J.

1. This criminal appeal challenges the judgment and order dated 27.01.2007 passed by the Addl. Sessions Judge, Roorkee, District Haridwar in S.T. No.288/2003 whereby the appellant-Num Kumar @ Rajkumar was convicted under Section 376 I.P.C. and sentenced to undergo imprisonment for seven years and a fine of Rs.5,000/-. In default of payment of fine of Rs.5,000/-, the appellant has to further undergo imprisonment for one year. However, the appellant was acquitted for the offence punishable under Section 506 I.P.C.

2. At the outset, it needs to be mentioned here that the present matter pertains to Section 376 of the I.P.C. By an amendment in the I.P.C., Section 228A has been inserted vide Act No.43 of 1983, which bars the disclosure of the identity of the prosecutrix by publication and in fact it makes it an offence. Although, printing and publication in a law journal may not be included in the definition of “printing and publication”, yet purely for reasons of abundant precaution, the name of the alleged victim has not been mentioned in the present judgment and the victim is only addressed here as the “prosecutrix”.

3. The brief facts of the prosecutio