( 1 ) THE appellant Jaggu alias Jagdishchandra has challenged the judgment and order dated 27. 3. 1997 passed in Sessions Case No. 123 of 1996 by the learned Addl. Sessions Judge, Dahod Camp convicting him for offence punishable under section 376 of the IPC and sentencing to suffer R. I. for ten years and to pay a fine of Rs. 10,000. 00, in default, to undergo further R. I. for two years.

( 2 ) THE appellant was charged for committing rape on victim Amita, aged three-and-half years at about 12. 30 p. m. on 29. 4. 1996. The appellant pleaded not guilty to the charge and claimed to be tried. In his further statement recorded under section 313 of the Code of Criminal Procedure, he has stated that he is an active Congress (I) worker and the complainant side belongs to BJP and because of election propaganda, quarrel often takes place between them. Because of enmity between them, the complainant started quarrel with him with respect to the placing of hand pump near his house. According to the appellant, the other side started quarrelling that the hand pump was fixed without the permission of Municipality. He has further stated that even though the victim had fallen in a dit