JUDGMENT - BRAHME P.S., J.:-The appellant was found guilty of the offence under section 376 of the Indian Penal Code for having committed rape on a minor child aged about three years and was sentenced to imprisonment for life and to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for one month by the IInd Additional Sessions Judge, Amravati by her judgment and order dated 9-4-1999. The appellant has filed the present appeal challenging the judgment of conviction and sentence.

2. The incident which gave rise to this prosecution against the appellant took place on 4th November, 1977 between 7.00 p.m. to 9.45. p.m. at Sanjay Gandhi Nagar, Amravati within the jurisdiction of Police Station, Frazorpura. The prosecutrix Rupali, who was about three years old, was residing with her parents namely Ramdas (P.W. 1) and Rama (P.W. 7) one Prakash Khadse was residing as a tenant in the house of Ramdas, father of Rupali. On the day of incident, appellant Kishor Khadse, who happens to be brother of Prakash Khadse, had been to his house to attend some programme. At about 7.00. p.m., Rupali was out of the house. After about 9.00. p.m., Ramdas, when came out of his house, found t

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