: SUNITA GUPTA, J.
1. Challenge in this appeal is to the judgment dated 6 th March, 2013 and order on sentence dated 19th March, 2013 in Sessions Case No. 155/2011 arising out of FIR No.31/2011, PS Mandawali u/s 363/366A/376/34 IPC whereby the appellant was convicted u/s 366A IPC and Section 109 IPC r/w Section 376 IPC and was sentenced to undergo rigorous imprisonment for a period of four years and fine of Rs. 1000/- in default to undergo SI for one month on each count. The substantive sentences were to run concurrently.
2. Gravamen of the prosecution case is that PW1-Jagdish made a complaint regarding missing of his daughter 'P' aged about 12 years on 29th January, 2011 when she had gone to school. On the basis of this complaint, FIR u/s 363 IPC was registered. On 5 th September, 2011, prosecutrix returned to her house. She was taken to police station by her father. SI Vijay Kumar-PW8 recorded statement of the prosecutrix and got her medical examination done. She was produced in the Court where her statement u/s 164 Cr.P.C. was recorded by the Metropolitan Magistrate. On 4th September, 2011, on the basis of secret information, accused was arrested from main Road Mandawali near primary school. During interrogation, she made disclosure statement regarding her involvement in the commission of offence. Test Identification Parade of the accused was fixed on 22nd September, 2011. However, she refused to participate in the same. Efforts were made to arrest other accused but they could not be arrested. After completing investigation, charge sheet was submitted u/s 363/366A/376/34 IPC. Charge for offence u/s 366A IPC and Section 109 IPC r/w Section 376 IPC was framed to which accused pleaded not guilty and claimed trial.