K.M. THAKER, J.

1. Heard Mr. Barad, learned advocate for the appellant and Mr. Dabhi, learned APP for the respondent.

2. This appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 11.5.2010 passed by the learned Sessions Court, Anand in Sessions Case No. 112 of 2009 whereby the learned Court has recorded conviction against the appellant for offence punishable under section 376 of IPC and has sentenced the appellant to undergo SI for 10 years and to pay fine of Rs. 500/- and in default to undergo SI for two and half years.

3. The case of the prosecution is that on 25.8.2009 at about 11.30 a.m. when the daughter of the complainant who is deaf and dumb and mentally challenged, had gone to the water pump to fetch water, the appellant forcibly committed sexual intercourse - rape on the said victim girl and then fled from the place of the incident. The mother of the victim girl lodged a complaint on 25.8.2009 stating and alleging that the appellant had sexually abused her daughter and committed offence under Section 376 of IPC.

4. According to the prosecution in the complaint lodged on 25.8.2009, the complainant alleged tha