JUDGMENT

Pattanaik, J. - This appeal is directed against the judgment of the High Court of Jammu and Kashmir dated 2.3.1993 convicting the appellant under Section 376 read with, 511 I.P.C. and sentencing him to undergo rigorous imprisonment for a period of 5 years and pay a fine of Rs. 2,000/- in default a further simple imprisonment for 6 months, after setting aside the order of acquittal passed by the Sessions Judge, Udhampur, in Sessions case No. 12 of 1986.

2. The appellant who was the Head Master of Middle School, Khun, in Tehsil Ram Nagar at the relevant point of time stood charged for the offence of "attempt to commit rape" under Section 376/511 I.P.C. of the-prosecutrix Mst. Rajni, a student of the same school. It was alleged by the prosecution that on 21.5.1986 at about 9 a.m. the appellant sent the prosecutrix Mst. Rajni, PW- 18 and two other girl students Mst. Sunita, PW-1 and Mst. Krishna, PW-2 to his residence for cooking his meal as the Head Master was living without his family. The appellant then came home between 10 a.m. and 11 a.m. and on reaching the home directed PWs 1 and 2 to leave the house but detained the prosecutrix, PW-18 with the understanding that she ca