1. This criminal appeal is directed against the judgment of conviction recorded for offence under Section 376 of the Indian Penal Code and sentence awarded i.e. RI for ten years and fine of Rs.1,000/- and in default of payment of fine further RI for one year, by the convicted accused.

2. Case of the prosecution as unfolded during the course of trial is as under :-

2.1 Jageshwar (PW-3) – father of the prosecutrix lodged FIR on 28-11-2001 (Ex.P-3) stating that prior to seven months from 26-10-2001 at 5 p.m. the appellant threatened her daughter / prosecutrix and took her to the courtyard and committed rape on her. It was further stated that on the said date, she was minor and thereafter, the appellant committed sexual intercourse repeatedly by which she became pregnant and was carrying pregnancy of seven months on the date of FIR which was informed to him and thereafter, the meeting of his community was convened and the matter was enquired and FIR is being lodged.

2.2 Police Station Kurud registered offence under Sections 376 and 506 of the IPC against the appellant herein and spot map Ex.P-2 was prepared by the investigating officer. Nazri naksha was also prepared by the Patw