JUDGMENT

This appeal is directed against the judgment of the Madhya Pradesh High Court dated 7th September, 1992 in Criminal Appeal No. 34 of 1986. The High Court by the impugned judgment set aside the order of acquittal of the appellant passed by the 2nd Additional Sessions Judge, Sagar (MP), in Sessions Trial No. 185 of 1984 and convicted the appellant under Section 376 I.P.C. sectenced to undergo rigorous imprisonment for 10 years.

2. The appellant stood charged of the offence of committing rape on the allegation that on 26th May, 1984 he committed rape on a minor girl Kumari Sarvesh, PW-5 when the girl was playing outside her house in the company of her two younger sisters. The prosecution alleged that while the prosecutrix PW-5 was playing, the appellant induced her and then took her outside the military camp and subjected her to sexual assault on account of which the girl started profusely bleeding. Her father, Siyaram, PW-9 went in search of the girl and found her standing on the road and crying, as the accused had left her near that place. The girl then narrated the incident to her father who lodged a report which was treated as F.I.R. and police thereafter started investiga