ARINDAM LODH, J.

1. This appeal is directed against the judgment and order of sentence dated 29.05.2015 passed by the learned Sessions Judge, Gomati District, Udaipur in ST 27(ST/U) of 2014 whereby and whereunder the appellant was convicted and sentenced to undergo RI for 12 years and to pay a fine of Rs.20,000/-, i.d. to suffer SI for six months under Section 376(1) of IPC.

2. The prosecution case in brief is as under:

One Sambhu Kr. Jamatia (PW4), father of the prosecutrix “Puspa” (name withheld) lodged a complaint on 22.01.2014 to the Officer-in-charge of the Killa PS, Gomati District stating inter alia that on last 13th January, 2014, at about 9 O’Clock night on the occasion of Poush Sankranti his younger daughter “X” (name withheld) (PW5) aged about 16+ years together with some of her friends had visited the house of Malindra Jamatia who is a resident of Habukmabari and in that meanwhile, one Shib Kr. Jamatia, accused-appellant No.1 entering into the said house had attacked the friends and he had taken away his daughter forcibly. The said accused took his daughter to an abandoned place and after that he along with another Ananda Kirti Jamatia, accused-appellant