The appellant in this case stand convicted under Section 376 of the Indian Penal Code and sentenced to one year of R.I. and Rs. 500/- of find and indefault of payment of fine 3 months of R.I. The amount of fine has been ordered to be paid as compensation to the prosecutrix, Manjula, P.W. 1,

2. The case of prosecution may be narrated briefly.

Manjula, P.W. 1 a girl of about 10 years of age is a ward of Rehman Sab P.W. 2, and she was residing with P.W. 2 at Khareawada, Sambhaji. The accused was residing in the neighbourhood of P.W. 1, at Khareawada. On the day of the incident i.e., on 17-1-1971 in the afternoon, there was a football match being played at the ground in the vicinity of the house of the accused, which house has only one room. P.W. 1 was witnessing the match that was being played at the said ground, when the accuse called her to this house saying that the would give her sweets. When she went to his house he closed the door, removed his underwear, as also hers, slept over her and had sexual intercourse with her. She resisted and told him to get away and as she was crying and shouting the gagged her mouth with hands. After the act was over, he opened the door and