(1.) THE instant appeal is preferred under Section 374 of the Code of Criminal Procedure, 1973 and is directed against the judgment and order dated 17.03.2011 delivered by the learned Additional Sessions Judge, Fast Track Court, Patan in Sessions Case No.73 of 2010 whereby the present appellant came to be convicted for the offences punishable under Section 376 and was sentenced to undergo rigorous imprisonment of seven years and to pay a fine of Rs.500/ -, in default to undergo rigorous imprisonment of three months, under Section 366 and was sentenced to undergo rigorous imprisonment of three years and to pay a fine of Rs.300/ -, in default to undergo simple imprisonment of one month and under Section 506(2) and was sentenced to undergo rigorous imprisonment of two years and to pay a fine of Rs.100/ -, in default to undergo simple imprisonment of ten days.
(2.) THE facts leading to the prosecution against the appellant can be depicted shortly as under:
(3.) NECESSARY investigation was carried out, statements of the witnesses were recorded. Thereafter, after completion of investigation, the charge -sheet was filed against the accused in the Court of learned J.M.F.C. Thereafter, as the case was triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter, the charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.