G. P. MATHUR, J.

( 1 ) THIS appeal has been preferred under Section 2 (A) of the supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment and order dated 16. 8. 2006 of Goa Bench of bombay High Court by which the appeal filed by the State was allowed and judgment and order dated 28. 7. 2004 of First Ad hoc assistant Sessions Judge, Panaji in Sessions Case No. 1 of 2004 acquitting the accused was set aside. The High Court convicted the appellant Rajendra under Sections 376 (2) (f) and 342 IPC and sentenced him to ten years R. I. and a fine of Rs. 10,000/- under the first count and one month's R. I. and a fine of Rs. 1,000/- under the second count.

( 2 ) THE case of the prosecution, in brief, is that PW-2 Satyam Ahire along with his wife PW-1 Pushpa and three children was residing in usgao in Ponda. He was working as a security officer in Bethora industrial Estate. In the evening of 14. 10. 2003 his eldest daughter supriya was studying at her home while the second daughter PW-8 sonia, aged about six years, was playing in the courtyard of his house. PW-4 Mohandas Gaonkar, uncle of Pushpa, owned some rooms close by which were given on rent to some