1. This appeal filed under Section 374 of Cr.P.C. arises from the order of conviction and sentence passed by the learned 5th Ad-hoc Assistant Sessions Judge at Kolhapur on 6/2/2002 in Sessions Case No.177 of 2001 for the offences punishable under Sections 376 and 452 of IPC. For the first offence the appellant has been sentenced to R.I. for ten years and to pay a fine of Rs.10,000/- in default to suffer S.I. for one year and for the second offence he has been sentenced to suffer R.I. for two years and to pay a fine of Rs.2000/- in default to suffer S.I. for three months. Both the sentences have been directed to run concurrently.

2. As per the prosecution the complainant Shivaji Shankar Parit, PW 4 was the resident of village Shittur, Taluka Shalinwadi, Dist. Kolhapur and his family consisted of wife, daughter prosecutrix aged 11 years and son Akshay aged three years and the house of his parents was separate. Adjacent to his house was the house of his parents as well as his wife’s brother’s house was located there. His wife had gone to village Masur-Chikali on 18/4/2001 (Wednesday) for a festival. On 21/4/2001 he had left his house to go to his fa