( 1 ) STATE has filed this appeal under S. 377 of the Code of Criminal procedure for enhancement of sentence being aggrieved by the judgment dated 22-6-1990 passed by IInd Additional District judge to the Sessions Judge Vidisha in sessions Trial No. 73/86, whereby the learned judge convicted the respondent under S. 376, i. P. C. but sentenced him to undergone jail sentence, which was of five years and two months.

( 2 ) AS per prosecution story on 23rd April, 1985, the complainant Moharsingh had gone to the village Kheroda alongwith his daughter (prosecutrix) aged about'5 years for marriage of Sirnam Singh s/o. Harinarayan. 'barat' had gone to village Belot Chakk. At belot Chakk, Sanman Singh (P. W. 4)informed Mohar Singh that prosecutrix is missing and Kalyan Singh is also missing. Thereafter complainant, Harinarayan, khilan Singh and Lalaram went to search the prosecutrix and came back to village kheronda. When prosecutrix was not traceable, report of missing was lodged at P. S. Tyonda, which is Ex. P/1. Even after report the family members were involved in searching the girl. Bhagwan Singh (P. W. 10) was coming back from village Ghatera on bullock cart after leavi