1. This appeal has been preferred against the judgment of conviction and sentences dated 21.06.2000 passed by the IVth Additional Sessions Judge, Badaun in S.T. No. 406 of 1999 (State Vs. Vijay Kumar) under S.363,376 IPC , p.s Kotwali, Badaun, by which accused Vijay Kumar @ Jai Singh was convicted for the charges under S.376 and S.363 ; and was punished for the charge u/s 376 with imprisonment for life and fine of Rs. 2000/- (in default of payment one years rigorous imprisonment) and for the charge u/s 363 with rigorous imprisonment of five years and fine of Rs. 1,000/- (in default of payment, six months further imprisonment); with direction that both the sentences would run concurrently.

2. The prosecution case in brief is that the accused - appellant had kidnapped Shilpi, 7 year old grand - daughter of the informant Ram Prakash on 04.04.1999 at 09:00 p.m. from the hut of the informant and committed rape with her. After this incident, the victim Shilpi was found by one Siyaram who had taken her to the informant. Then informant who then lodged a first information report on 05.04.1999 at 10:00 a.m. in the police station concerned.

3. During investigation, at the time of the m