K.M. Thaker, J. - (1.)HEARD Mr. Shah, learned advocate for the appellant and Mr. Dabhi, learned Additional Public Prosecutor for the respondent State.
(2.)THIS Criminal Appeal under Section 374(2) of the Code of Criminal Procedure is filed against the judgment and order dated 19.10.2011, passed by the learned Additional District and Sessions Judge, Gandhinagar in Sessions Case No. 12/11.
The appellant was charged with offence punishable under Sections 363, 366, 376 and 377 of the Indian Penal Code.

3.1 By the said judgment and order dated 19.10.2011, the learned Trial Court has convicted the appellant herein for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code. The learned Trial Court has held that prosecution has failed to prove the charge for offence punishable under Section 377 of the Indian Penal Code. For the offence punishable under Section 363 of the Indian Penal Code, the appellant is sentenced to undergo rigorous imprisonment for 3 years with fine of Rs. 2000/ - and in default to make the payment, simple imprisonment for 15 days is imposed. For the offence punishable under Section 366 of the Indian Penal Code, the appellant is sentenced to undergo rigorous imprisonment for 5 years with fine of Rs. 2000/ - and in default to make the payment, simple imprisonment for 1 month is imposed. For the offence punishable under Section 376 of the Indian Penal Code, the appellant is sentenced to undergo rigorous imprisonment for 10 years with fine of Rs. 5000/ - and in default to make the payment, simple imprisonment of simple imprisonment of 2 months is imposed. The appellant is acquitted from the charge of offence punishable under Section 377 of the Indian Penal Code.

(3.)BEREFT of unnecessary details the case of the prosecution can be summarized thus: a complaint came to be filed on 27.09.2010 by the mother of the minor victim girl, wherein the complainant mentioned that on 26.09.2010, after about 09.00 p.m. She (i.e. the complainant) was sleeping in Varanda (open area abutting the house) along with her two sons and her daughter, who, at the relevant time was 5 years old. Her brother and parents were also sleeping at some distance in the same Varanda. In the early morning (i.e. 27.09.2010), when her mother woke up and started preparing tea in the kitchen, she noticed that the minor girl was missing and she was not in the bed with her mother. Therefore, her mother woke -up the informant and asked her about the minor daughter. The complainant and her mother looked and searched for minor daughter however, she was not found anywhere in the house or nearby. While the complainant and her mother were looking for the minor girl, the complainant saw the minor girl coming towards the house from other direction so she rushed and picked up the minor girl, who looked very frightened and she took her (i.e. the victim girl) inside the house and there she saw that her daughter (i.e. the minor victim girl, aged about 5 years) was bleeding from her private parts - from vagina and rectum, and therefore, she and her brother immediately rushed to the Government dispensary (C.H.C.) at Dehgam. The Doctor at the Government dispensary attended the minor girl and asked the victim girl as to what had happened. The minor girl said that during the night time, Mr. R (i.e. the accused -appellant) picked her up from the bed and pressed her mouth by his hand so she could not shout or speak and then he took her to a farm and removed his clothes and put himself on her and into her private parts and (mane "Gandu" karyu) after molesting -abusing her sexually, he left her on the road near the house and fled away. When the victim -minor girl told them about the said incident, the complainant lodged the complaint on 27.09.2010 and accordingly F.I.R. for the offence under Sections 363, 366, 376 and 377 of the Indian Penal Code came to be registered.