ORDER

S.G. Mahajan, J. – Appellant Hiraman s/o Sakharam Borkar has preferred the instant appeal against the order of conviction and sentence passed upon him by the learner Additional Sessions Judge. Bhandara, in Sessions Trial No. 158/94. The learned Additional Sessions Judge by his judgment and order dated 22-8-1995, convicted the appellant of the offence under Section 376 I.P.C. and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 500/- or in default to suffer simple imprisonment for five months more.

2. The case of the prosecution is as follows:

(a) Victim Vandana who was aged 12 years at the time of incident. was a student of 7th Standard and she was residing with her parents Rajkumar and Sushilabai at village Ambadi. Accused-appellant Hiraman was also the resident of the same village. The accused-appellant is the grandfather of Vandana by relation. Some time prior to the incident the father of Rajkumar had expired. So the family of victim was observing mourning. On 14-8-1994. Vandana did not go to the school. She was at her house only playing with her maternal cousin Dipali. The daughter of the accused-appellant by name Joshilabai had came t