1. This appeal has been directed against the judgment and order passed by the learned 6th Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No. 558 of 2001 delivered on 13-06-2003, whereby the learned trial Judge had convicted the accused under Section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.2000/-, in default, to suffer simple imprisonment for 2 months.

2. I have heard Mrs. Shamsi Haider, the learned Additional Public Prosecutor for the State. The appellant and his counsel remained absent. With the assistance of the learned APP, I have gone through the record of the case.

3. The prosecution case, in nutshell, is that:

In the year 2001, the victim was residing with her mother at Antuji Nagar, Police Station Kotwali, Nagpur. The father of the victim expired about 4 to 5 months prior to the incident. At the relevant time, the victim was studying in 7th standard in Jayvijar Primary School, Bhandewadi. Her mother was doing a labour work at Kalmana Market, Nagpur. The appellant/accused was also residing at Antuji Nagar, Nagpur. On the date of incident i.e. on 27-06-2001, the appellant/accused came to