( 1 ) JAGDISH Prasad, appellant convicted of the offence punishable under Section 376 of the Indian Penal Code by the Additional Sessionsjudge of Delhi in Sessions Case No. 189/87on24. 1. 1991 and is sentenced to sufferimprisonment for life and to pay a fine of Rs. 6,000. 00 and in default to sufferfurther R. I. for two years with a direction to pay Rs. 5,000. 00 as compensationto the victim Shivani Sood, daughter of Kesari Dass Sood.

( 2 ) SHRI Kesari Dass Sood is resident of House No. l/206/47,sanatandharam Building, Sadar Bazar, Delhi Cantonment. He is residing there alongwithhis wife and children. The present appellant is his neighbour.

( 3 ) ON 4. 3. 1987 there was a function in the house of the appellant on accountof birth of his grant child. Gita Devi, wife of Kesari Dass Sood, had gone to thehouse of the present accused alongwith her daughter, victim Shivani Sood, inorder to attend a Kirtan. The grand-daughter of the present appellant, viz. , Shaluis of the age group of the victim Shivani Sood. When the function was goingon the ground floor of the house, victim Shivani Sood and Shalu were playingthe game of Chhupa-Chhupi alongwith other children, viz. , Golu, Bh