JUDGMENT

AHMADI, J:— The appellant Prithi Chand, a youth of about 18 years, was prosecuted for committing rape on PW-I Kanchana Devi a girl of tender age of 11 or 12 years, on the afternoon of 15th June, 1979 at a place known as Kutkharpati in village Kot, Tehsil Palampur of Himachal Pradesh. The learned Sessions Judge convicted him under Section 376, I. P. C., and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for a further period of two years. On appeal, the High Court while confirming his conviction under Section 376, I.P.C. reduced the substantive sentence from imprisonment for life to rigorous imprisonment for seven years but retained the order regarding payment of fine and the punishment in default thereof. Thereupon the appellant has appreached this Court under Article 136 of the Constitution of India.

2. The facts in brief are that PWA Kanchana Devi had gone to Balarahi Khad with her two younger sisters on the morning of 15th June, 1979 for taking a bath. After the bath when she was returning to her residence the appellant met her on the way and asked her to permit him to have sexual intercourse with