Judgment

B.P. Singh, J.—The appellant Mohan Lal was put up for trial before the Court of Special Judge, S.C./S.T. (P.A.CC.), Sri Ganganagar in Criminal Case No. 4 of 1997 charged of the offences under Section 376 IPC and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act. The learned Special Judge by his judgment and order dated 6th February, 1998 found the appellant guilty of the offence under Section 376 IPC and sentenced him to undergo 7 years rigorous imprisonment and to pay a fine of Rs. 20,000/-, in default of payment of fine to undergo further imprisonment for one year. The appellant was, ­however, acquitted of the charge under Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act.

2. S.B. Criminal Appeal No. 123 of 1998 preferred by the appellant against his conviction and sentence was dismissed by the High Court of Rajasthan at Jodhpur by judgment and order dated 13th August, 1999. This appeal has been preferred by special leave.

3. The case of the prosecution is that prosecutrix - K (PW 1) is the daughter of PW.2 resident of village Birdhwal in the district of Sri Ganganagar. The appellant is also a resident of the same village. On 8th October, 1996 at ab