( 1 ) THIS appeal has been brought against the order dated February 5, 1987 of Shris. N. Kapur. Additional Sessions Judge by which he convicted the appellant of an offence under Section 376, I P. C. and sentenced him to undergo 10 years regorous imprisonment and a fine of Rs. 2 000. 00 and in case of default of payment of fine to further undergo rigorous imprisonment for one year. The story of the prosecution in brief is that on March 31, 1985, at about 3 P. M. Public Witness -3 and P W-4 i. e. Tanglu Ram and his wife Nita Devi were watching the T. V. programme at the house of their neighbour in Basti Bara Hindu Rao. They are residents of 7815/21 of that area. Their young daughter aged about 2 years was stated to be playing in the lane at that time. The parents came out to find their daughter and she was not found in the lane and hearing her cries from the room of the first floor of House No. 7815/26. they are stated to have witnessed the appellant committing rape on their young daughter. The accused was apprehended by the parents and neighbours and they went to the police station and lodged the report. The daughter and the accused were got examined medically and th