JUDGMENT

A.H. Joshi, J.— The appellant herein along with one more accused Dhanpal S/o Hiraman Mate was tried under section 376 of the Indian Penal Code in Sessions Case No. 33 of 1994 by the IInd Additional Sessions Judge, Bhandara.

The appellant who is accused No. l was convicted under Section 376, of the Indian Penal Code and was sentenced to undergo R.I., for seven years and to pay a fine of Rs. 5,000/- in default S. I., for one year.

2.The judgment of conviction is based on: (a) acceptance of testimony of PW-1 the prosecutrix Archana. and considering her version being corroborated by the statement of her mother Kusum to whom the prosecutrix had punctually disclosed sexual assault on her, (b) The PW-2 who was co-prosecutrix can be

believed in so far as the assault on

PW-1 is concerned though Sangita was not believed in so far as the charge of

outraging modesty levelled against the accused No.2.

3.The reasons as to why the Trial Judge disbelieved Sangita, however, neglected affirmative statement made by her which would have otherwise favoured the accused No. l can be gathered from the contents of paras 12 and 13 which paras are referred and quoted in this judgment for ready refer