1. The present appellant has preferred this appeal under S.374(2) of the Code of Criminal Procedure , against the judgment and order of conviction and sentence dated 8.7.2010 passed by the learned Addl. Sessions Judge & Presiding Officer, 3rd Fast Track Court, Camp at Visnagar, in Sessions Case No. 115/2009, whereby, the learned trial Judge has convicted the appellant under S.363 of IPC and sentenced to undergo R/I for three years and to pay a fine of Rs.3000/-, in default, to undergo further S/I for one month, which is impugned in this appeal.

2. The brief facts of the prosecution case is as under:
2.1 That the on 12.10.2008, between 9.00 am to 10.00 am, when all the family members have gone for labour work, and the prosecutrix was all alone at the house, at that time, appellant - accused had kidnapped her by giving false promise to marry with her. When they came to know about missing of their girl, they enquired at the village of appellant but they could not find her. Due to their relation, the appellant off and on coming to their house and they found his photograph from the purse of prosecutrix. He was also making telephone calls from the nearby area. On getting his telephone numb