JUDGMENT (ORAL)

Prafulla C. Pant, J. —This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 5.7.2003, passed by learned Sessions Judge, Dehradun, in Sessions trial No.60 of 2001, whereby accused appellant Sohan @ Sonu has been convicted under Section 376(2) of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.). The convict (appellant) is sentenced to undergo imprisonment for life and also directed to pay fine of Rs. 5,000, in default of payment of which he is further directed to undergo rigorous imprisonment for a period of six months.

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story, in brief, is that on 2.1.2001, Alkama Bano (PW2), a ten year old minor daughter of complainant Gulam Haidaf (PW 1) had gone to jungle to collect the woods along with her younger brother Raja and younger sister Kahkashan (PW3). Manija (PW4), aunt of the victim Alkama Bano (a minor girl) had also gone there. After sometime, accused appellant Sohan @ Sonu came there and told Alkama Bano, Kahkashan and Raja that he too would like to play