( 1 ) TAKING exception to his conviction for the offence punishable under section 376 of the Penal Code and sentence of rigorous imprisonment for seven years and fine of Rs. 25,000/- or in default to suffer simple imprisonment for one year and six months, imposed upon him, the appellant Laxman Narayan Jadhav has filed this appeal.

( 2 ) FACTS which gave rise to conviction of the present appellant are as under. On 23-4-2002 in the field of one Kisan Kakar in village Bibi, district buldhana, work of construction of temple was going on. Asha Mire and Sunita gaikwad were doing some work there. The appellant and one Bablu enquired about the work. At about 1. 00 p. m. Asha and Sunita stopped the work for taking lunch. While they were taking lunch, a deaf and dumb girl "y" came there and had lunch with them. "y" went to bring water to a well, about 60 ft. away, but the appellant and Bablu, who were present near the well, took "y" to a cattle- shed thereby. When Asha and Sunita went to the well to fetch water, they noticed "y" and the accused in the cattleshed while Bablu was standing near the well. "y" came out running and weeping. The frock, which "y" was wearing, was stained with blood.

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