JUDGMENT

Arun Kumar Goel, J- Appellant Chintu alias Chint Ram has been convicted and sentenced to undergo five years rigorous imprisonment and also to pay a fine of Rs. 1,000/- for having committed offence under Section 376 of the Indian Penal Code. In default of payment of fine it has been ordered that the appellant shall undergo rigorous imprisonment for a further period of one year. Appellant was tried in the court of Shri Surjeet Singh. Sessions Judge. Mandi, Kullu and Lahaul-Spiti Districts at Mandi in Sessions Trial No. 15 of 1990 and was convicted to undergo aforesaid sentence vide judgment dated 8-8-1991.

2. Brief facts giving rise to this appeal are that the appellant is stated to have enticed Neela Devi (PW 3) daughter of Himat Ram resident of village Siwa Badar. Tehsil Sadar. District Mandi who at that time is stated to be about 15 years of age and was married to one Talbu Ram about one and half years prior to 1989. Further case against the appellant was that between 9th to 13th October, 1989 prosecutrix visited her mother's place in village Siwa Badar in connection with Dussehra festival she went to see the fair in village Siwa accompanied by a girl named Soma Devi aged