Sudhanshu Dhulia, J. - (1.)This criminal jail appeal is received through the Superintendent, Sub-Jail, Haldwani, District Nainital, where the appellant has challenged the judgment and order dated 01.11.2013, passed by the 3rd Additional District and Sessions Judge, Rudrapur, Udham Singh Nagar, in Sessions Trial No. 56 of 2013 (State Vs. Ishwar Dev), in which the accused/appellant has been convicted under Sections 363/366 and 376 of the Indian Penal Code (from hereinafter referred to as the "IPC"), and has been sentenced to undergo simple imprisonment for the offence under Section 363 of IPC for a period of three years with a fine of Rs.1,500/- and fifteen days additional simple imprisonment in case of default in payment of fine and for the offence under Section 366 of IPC, he has been sentenced to undergo three years of simple imprisonment with a fine of Rs.1,500/- and fifteen days additional simple imprisonment in case of default in payment of fine. The appellant has further been sentenced for the offence under Section 376 of IPC for seven years of rigorous imprisonment with a fine of Rs. 10,000/- and one month additional simple imprisonment in case of default of payment of fine. All the sentences are directed to be run concurrently.
The appellant is in jail.

(2.)The case of the prosecution before the trial court was that the appellant had kidnapped the minor daughter of the informant (Prem Singh) in order to seduce her and force a marriage on her. There is also a charge of rape committed on 14.11.2012 when the victim was in the illegal custody of the appellant.
(3.)The case starts from the first information report which was lodged by the father of the victim at Police Station, Kotwali Rudrapur, District Udham Singh Nagar on 16.11.2012 at 06.40 P.M., alleging that his daughter, who is 14 years of age is missing since the night of 14.11.2012. The police thereafter recovered the daughter of the informant i.e. the victim on 17.11.2012 from the bus station, Rudrapur, along with the accused. The daughter of the informant on the same day was medically examined at "Mahila Chikitasalaya", (Women Hospital), Rudrapur by Dr. Tanuja who is PW-2. In the medical examination, it has come that the weight of the victim is 50 Kg, built is average, auxiliary hair present, pubic hair present, breast well developed, no injury was found on external part. On internal examination, no bleeding/discharge was found and no injury was found on the vagina and hymen was found to be torn, which was "old".
Thereafter, two slides of vaginal discharge were taken and sent for further examination. The pathological report is negative, which further states that "no definite opinion about the rape can be given". The doctor who had medically examined the victim was a prosecution witness during trial where she has categorically given a statement that on examination of the victim she found that the victim was habitual to sexual intercourse and further she had referred the matter for medical determination of the age of the victim. Interestingly, on examination of the record, it was found that there has been no medical determination of the age of the victim, inspite of clear instructions of the Doctor. The determination of the age of the victim is on the basis of her school certificates, to which we shall refer shortly.