(1.) This appeal is directed against the order of conviction and sentence passed by the learned Addl.Sessions Judge, Sabarkantha, at Himatnagar in Sessions Case No. 88 of 2002 convicting the appellant-accused for the offence punishable under sections 452 and 376 of the IPC and sentencing him to suffer R.I. for 3 years and to pay a fine of Rs. 1000/in default to further undergo R.I. for six months for the offence punishable under section 376 IPC. The appellant accused was also convicted and sentenced to suffer S.I. for 6 months and to pay a fine of Rs.200.00in default to further undergo S.I. for one month. Both the above sentences were ordered to run concurrently.
(2.) The facts giving rise to the present appeal are as under:
(3.) After completion of the investigation and after obtaining the report from FSL, the police charge sheeted the accused for the above said two offences.