JUDGMENT

Kingaonkar V.R., J. —Challenge in this appeal is to judgment dated 27th August, 1996, rendered by learned Additional Sessions Judge, Amalner, in Sessions Case No. 23 of 1996, whereby appellant, named above, has been convicted for offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs. 1,000, in default to suffer rigorous imprisonment for three (3) months.

2. Briefly stated, background facts giving rise to the prosecution are as follows:

The residential houses of prosecutrix (PW Shashikala) and the appellant are situated in proximity of each other. The appellant called her in one room at his house. He committed forcible sexual intercourse with her and threatened her not to tell the incident to anyone in the vicinity. He threatened her that she would be done to death if she would disclose such incident to anyone else including her parents. The prosecutrix was later on called by the appellant to his house on 3-4 more occasions and sexual intercourse was committed with her. She was then studying in 10th standard and was aged about 14-15 years. The prosecutrix noticed absence of menstr