- (1.) This Criminal appeal is directed by the accused Zemir Ahmed against the judgment and order dated 15.9.1989 passed by the Additional Sessions Judge, Ludhiana, vide which he was found guilty and convicted under Sections 363, 366 and 376 IPC and sentenced to undergo R.I. for five years and a fine of Rs. 1000/- under Section 363 IPC; in default of payment of fine, to further undergo R.I. for 6 months; to R.I. for five years and a fine of Rs. 1000/- under Section 306 IPC, in default of payment of fine to further undergo R.I. for six months; to undergo R.I. for 7 years and a fine of Rs. 1,000/- under Section 376 IPC and in default of payment of fine, to further undergo R.I. for six months.
(2.) However all the substantive sentence were ordered to run concurrently.
(3.) Briefly stated,the facts are that on 29.8.1988, Tarsem Lal son of Nath Ram, resident of Neemwala Chowk, Ludhiana, returned to his house at about 6-7 P.M. after performing his duty. His wife, Santosh Kumari, told him that she had gone to the market for making some purchases and she had seen the appellant roaming in the street under suspicious circumstances and when she returned to her house, then she found her daughter Rajni Rani missing from the house.;