JUDGMENT

B.H. Marlapalle, J.—This appeal filed under Section 394 of Criminal Procedure Code arise from the order of conviction and sentence passed by the learned Addl. Sessions Judge, Greater Mumbai on 31-1-2002 in Sessions Case No. 1239 of 1993. The appellant-accused has been convicted for the offence punishable under Section 376 (2) (f) of IPC and is sentenced to undergo RI for ten years and to pay a fine of Rs. 1000/- in default of payment of fine, he is to undergo further S.I. for six months. The accused is entitled to be given set off in respect of his detention as an under-trial. It is stated by Mrs. Patil, the learned counsel for the appellant that he was taken in custody immediately after the order of conviction and sentence was pronounced and came to be released on bail on 6.1.2007.

2. As per the prosecution case the prosecutrix was staying with her parents in the neighbourhood of the accused and on 12-7-1993 she was watching T.V. in the house of the neighbour i.e. Mr. Nair. The accused opened the door between 9 to 9.30 p.m., bolted it from inside, dragged the prosecutrix on the bed and committed rape on her. The prosecutrix being of about nine years of age suffered injuri