JUDGMENT

Hon'ble Sudhanshu Dhulia, J. (Oral)

This criminal jail appeal has been filed by the appellant against the judgment and order dated 20.09.2013 passed by the learned 2nd Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.196 of 2013, in which the accused/appellant has been convicted under Sections 363 and 376 (1) of the Indian Penal Code (from hereinafter referred to as the “IPC"). For the offence under Section 363 of IPC, the appellant has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- and three months additional simple imprisonment in case of default in payment of fine. For the offence under Section 376 (1) of IPC, he has been sentenced to undergo seven years of rigorous imprisonment and to pay a fine of Rs. 2,000/- and six months additional simple imprisonment in case of default in payment of fine. Trial Court has directed that all the sentences shall run concurrently.

2. Facts, in brief, are that a First Information Report was lodged on 29.03.2013 by the father of the victim i.e. PW- 1 stating that his daughter who is 15 years of age had gone to learn “knitting" at 1pm on 20.03.2013, and