( 1 ) HUMAN Weakness Or wickedness ; either of the two or both of them together may be the cause of sexual Offences. If the offence is on account of wickedness, the accused naturally deserves no sympathy.

( 2 ) THE appellant-accused was charged for offence under S. 376, Penal Code, on the allegation that on the night of 24-4-1983, between 9. 00 and 10. 30 p. m. he committed rape on the prosecutrix s (P. W. 1, Exh. 12) on the boundary of village Doliya, district Surendranagar and thereby committed offence under S. 376, Penal Code. The reamed Sessions Judge held the accused guilty of the offence charged against him and ordered him to undergo R. I. for seven years. The appellant-accused has challenged the legality and validity of the judgment and order of conviction and sentence in this appeal.

( 3 ) IT was the prosecution case that the prosecutrix "s" (P. W. 1), at the relevant time was aged about 16 years and was studying in 9th standard and was staying at Wadhwan Vikas Vidhyalaya. She belonged to village Vakhatpar, and the accused, who was at the relevant time serving as, a Teacher, also belonged to the same village Vakhatpar. At the time when the incident took place, th