JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of Uttarakhand at Nainital High Court finding the appellant guilty of offence punishable under Section 376 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentencing him to undergo rigorous imprisonment for seven years. Two persons i.e. Khemanand and the present appellant filed the appeal before the High Court which was dismissed by the impugned judgment.

3. Background facts in a nutshell are as follows:

On 6.2.1985 the prosecutrix was sent by her mother to purchase rice from cheap grain shop. The prosecutrix waited there for sometimes in front of the shop. Ultimately, the prosecutrix returned to her home without purchasing rice. When her mother saw her without rice and coming late at home, she scolded and admonished her. The prosecutrix was again sent to the cheap grain shop and she again found it closed. When the prosecutrix was in a sad and remorseful mood, the accused Basant Ballabh (who died during the pendency of appeal) who was known to the prosecutrix came over there and inquired from her the reason for her remorse. The accused Basant Ballabh