This appeal is by the accused who has been convicted and sentenced under Section 342 and 376(2)(f), IPC by the learned Assistant Sessions Judge, Margo.

2. The accused was a watchman of a Government School known as Sahakari Pratnik Vidhlaya situated at Molcornem within the jurisdiction of Quepem Police Station of which Shaikh Ismail/P.W.7 was the Head-master. The said school was being run in two sessions. The secondary section was run in the morning session, whilst the primary section was run in the evening session of which Channama Patel/P.W. 4 and Chitra Gaonkar/P.W. 13 were the primary teachers. The victim/P.W. 11, Ramesh/P.W. 12. Swapnil Kerkar/P.W.9 and Sonali Gaonkar/P.W. 10 were the students of the said primary section. Yeshwant Bhile/P.W. 14 was the Peon of the said school.

3. The accused was charged and tried with an allegation that on 6-8-2003 at about 13.30 hours the accused wrongfully confined the victim/P.W. 11, who at the relevant time was 8 years old and studying tin the third standard, and committed rape upon her. The case of the accused was one of denial simpliciter.

4. From the facts stated by the victim/P.W. 11 and her mother Smt. Ujwala Parmar/P.W.1 it transpires that after the school assembly was over all the children of the primary section were made to sit in one class and that is because Channama Patel/P.W. 4 was having lunch in one of the class-rooms and after the students came back to the respective classrooms i.e. the students of class I and II in on room and class III and IV in the other room, Swapnil Kerkar/P.W. 9 told the victim/P.W. 11 that the accused had called her and Donalil Gaonkar/P.W. 10 to sweep. The Victim/P.W. 11 and Sonali/P.W. 10 did not heed the said request and thereafter the accused came near the window of the classroom where the victim P.W. 11 was studying and told the teacher Chitra/ P.W.13 to send the victim/P.W. 11 and Sonali/P.W. for sweeping. Chitra/P.W. 13 is stated to have told the accused to take Ramesh but the accused told the said teacher to send the victim/P.W.11 and the said Sonali/P.W.10 and accordingly sent both of them and upon going near the accused, the accused gave one broom to the victim/P.W. 11 and another broom to Sonali/P.W. 10 and first the victim/P.W. 11 was told to sweep inside the Office and told Donali/P.W. 10 to sweep outside the Office but later, their roles were reversed. As stated by the victim/P.W. 11 once the victim went inside the Office, the accused closed the door of the Office from inside and when she attempted to come out of the Office the accused prevented her from going outside and then caught her rightly and she shouted for help and did not leave her and thereafter the accused kept her on a chair and removed her panty and then removed his half pant and thereafter the accused sexually assaulted her and raped her and blood started coming from her private part and thereafter the accused opened the door, and, she and Sonali/P.W. 10 went to their class and after the school was over at about 6 p.m. her mother came to take her home and she went home with her mother walking and after reaching home when her grandmother was removing her clothes the grandmother noticed blood stains on her panty ,and questioned her about the said blood stains and at that time her mother was 'also there and thereafter her mother took her on the bed and examined her and asked her about the blood stains and she narrated the incident to her mother and thereafter her mother and, her grandmother came to the school and they floured the watchman near a gadda/stall situated near the said school and when her mother asked the accused about the incident, the accused denied everything, and then the grandmother returned home while she and her mother went to the teachers house namely Chitra/P.W. 13 who stays near the school and her mother confirmed from the teacher that she (P.W. 11) and Sonali/P. W. 10 were called by the watchman whereupon her mother narrated the entire incident