JUDGEMENT

By way of the the present Criminal Appeal the original accused No.2 has challenged the Judgment and order dated 21.12.2001, passed by the learned Additional Sessions Judge, Banaskantha at Deesa, in Sessions Case No.53 of 2001 whereby the appellant has been convicted and was sentenced as under:

(i) for the offence under Section 376 of the Indian Penal Code, the appellant was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs.7,000/- and in default to undergo rigorous imprisonment of two years; and (ii) for the offence under Section 506(2) of the Indian Penal Code, the appellant was sentenced to undergo two years rigorous imprisonment and to pay fine of Rs. 500/- in default to undergo RI for 3 months.

It is further ordered that both the aforesaid sentences shall run concurrently.

2 Brief facts emerges from the prosecution case are as under:

2.1 That the prosecutrix Gomtiben, daughter of Maganji Chelaji Thakor (complainant) was residing with her parents. It is alleged that before about three months from 4.12.2000, i.e. in last (dark) days of Gujarati month Bhadarva when the prosecutrix wa