Judgment :-

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the judgment and order dated 21.8.2003 of the High Court of Punjab and Haryana at Chandigarh passed in Criminal Appeal No.341-SB of 1988 by which the High Court has dismissed the appeal against the judgment and order of Additional Sessions Judge, Faridabad dated 12.8.1988 and 16.8.1988 convicting and sentencing the appellant to undergo R.I. for seven years and to pay a fine of Rs.500/-, or else to further undergo R.I. for six months, under Section 376 IPC and R.I. for five years and a fine of Rs.500/-, or in default to further undergo R.I. for six months under Section 366 IPC. However, it was directed that both the substantive sentences of imprisonment shall run concurrently.

2. The facts and circumstances giving rise to this appeal are that the prosecutrix Geeta was present at her house in village Dayalpur, on the morning of 5.6.1986 when Krishna, wife of Fateh Chand (appellant herein), came there and asked her to visit Ballabgarh as her mother had met with an accident. The prosecutrix boarded a tempo from her village and came to Ballabgarh. When she got down from the tempo at Ballabgarh, Fateh Chand - appel