JUDGMENT

1. The appellant has preferred this appeal under section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') being aggrieved and disgruntled by the judgment dated 31.8.1999 passed by learned 2nd Additional Sessions Judge, District Ujjain (M.P.) in Sessions Trial No. 96/1998, whereby the learned trial Court has convicted the appellant for the offence under sections 366 and 376 of the Indian Penal Code, 1860 (hereinafter referred as to "IPC") and sentenced him to undergo 5 years R.I. and 7 years R.I. with fine of Rs.500/- and Rs.1,000/- and default stipulations.

2. As per prosecution story, on 6.6.1998 at about 4:30, the accused Chandrakant and his mother Geetabai kidnapped the daughter of complainant (Subhash Patidar) whose age of about 16 years from Village Maksi Sarkari Kundi, District Shajapur and when the prosecutrix found, it was revealed that the accused Chandrakant committed rape upon prosecutrix. Initially, the father of prosecutrix, filed an FIR No. 115/1998 against the accused Chandrakant and his mother Geetabai for the offence under sections 363 & 366/34 of IPC and thereafter, when the prosecutrix was found, section 376 of IPC was enhanced. After due