1. The appellant is aggrieved by the judgment and order dated 24.04.2001 rendered by the Additional Sessions Judge, Khamgaon in Sessions Case 20/1996, by and under which, the appellant-accused is convicted for offence punishable under Section 376 (2) (f) of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs.2000/-.

2. Heard Shri R.L. Khapre, the learned Counsel for the appellant and Shri N.B. Jawade, the learned Additional Public Prosecutor for the respondent/State.

3. The genesis of the prosecution lies in oral report dated 01.07.1994 (Exh.14) lodged by P.W.1 Sou. Chhaya Ravindra Deshmukh at Police Station Nandura, the gist of which oral report is thus:

P.W.1 Chhaya and her husband P.W.2 Ravindra Deshmukh and their two daughters aged 4 years and 2 years reside in Sahayata hutment area at Wadner (Bholji) within the jurisdiction of the Nandura Police Station. The accused, then aged 18 years, resides two houses away, with his mother. On 30.06.1994 between 03:00 and 04:00 p.m., the elder daughter-victim came home crying. P.W.1 pacified her and asked her as to what happened and the response of the victim was to discl