V.K. JAIN, J.

1. This is an appeal against the Judgment dated 25th July, 2007 and the Order on Sentence dated 1st August, 2007, whereby the appellant was convicted under Sections 363/376 IPC and was sentenced to undergo RI for five years and to pay fine of Rs. 5,000/- or to undergo SI for six months in default under Section 363 of IPC. He was further sentenced to undergo RI for 12 years and to pay a fine of Rs.20,000/- or to undergo SI for two years in default, under Section 376(2)(f) of IPC. Out of fine, Rs.15,000/- was directed to be paid to the prosecutrix, as compensation.

2. The case of the prosecution, as set out in the FIR lodged by Smt. Bimla, mother of the prosecutrix on 3rd July, 2004, is that on 2nd July, 2004, at about 10.30 pm, when the complainant was present in her house and her husband was taking bath on the hand pump in front of her jhuggi, her daughter, aged about 8 years, came weeping. On being asked as to why she was weeping, she informed her mother that the appellant had taken her to a school on the pretext of giving toffee and had done bad act with her. On checking the prosecutrix, the complainant found blood on her vagina. Since telephone booths