Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted under S. 376 of the I. P. C. and sentenced to suffer rigorous imprisonment for three years and a fine of Rs. 300/-. The prosecution case has been fully narrated in the judgment of the High Court and the Sessions Judge. It appears that on the 10th June, 1972 at about 8.00 a. m. Raj Bala the daughter of P. W. 5 Jaswant Singh was stopped by the accused while she was coming through a Pag-dandi and was forcibly taken into the chamber (kotha) of the tube-well of the accused on which she started crying. Her cries attracted Mohinder Singh, P. W. 4, the step brother of the father of Raj Bala. Mohinder Singh entered into the chamber of the accused and saw the accused lying upon Raj Bala and committing sexual intercourse with her. On seeing Mohinder Singh, the appellant left her and ran away. Mohinder Singh then brought Raj Bala to her house and he found that the nalla of the salwar of the girl had been snapped and the salwar had been brought up to her ankles and was blood-stained. Jaswant Singh, the father of Raj Bala had gone to Delhi and when he returned the entire occurrence was narrated to him by P.