( 1 ) THE appellant has challenged his conviction under Sections 366 and 376, Indian Penal Code, recorded by the Additional Sessions Judge, Basoda, in Sessions Trial No. 42 of 1982, dated 23-3-1983. He has been sentenced to rigorous imprisonment for three years on each count; both the sentences to run concurrently.

( 2 ) BRIEF facts are that Leelabai (P. W. 12) was kidnapped on 18-4-1981 at 5. 00 a. m. from her house by the appellant. She was taken from place to place and was subjected to rape by the appellant. Consequently, he was arrested and was prosecuted. The prosecution examined 12 witnesses. Leelabai (P. W. 12) narrated the entire story before the trial Judge. Portions of her testimony were corroborated by the first information report lodged by Nannulal (P. W. 2) in police station Basoda D/-18-4-1981 at 5. 00 p. m. Bhanukumar (P. W. 3) is the brother of the prosecutrix; Kailash (P. W. 5) is the uncle of the prosecutrix and Smt. Mayabai (P. W. 10) is her mother. Jasram Sharma (P. W. 11), who was the headmaster of the school, where Leelabai (P. W. 12) was a student, produced the register in which her date of birth was recorded. According to this witness, the d