C.L. SONI, J.

This appeal is filed under Section 374 of the Code of Criminal Procedure, 1973 (‘the Code’) against the judgment and order dated 12.3.2013 passed by learned Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No. 68 of 2011, whereby the appellant is convicted for the offence under Section 376 of the Indian Penal Code (‘the Penal Code’) and sentenced to suffer rigorous imprisonment for 10 years with fine of Rs. 10,000/- and with further imprisonment of three months on failure to deposit the amount of fine.

2. As per the case of the prosecution, complainant Premilaben, wife of Gopalsinh Natvarsinh Parmar, lodged complaint on 25.2.2011 with Himmatnagar Town Police Station stating that she has one son and two daughters, out of which Sanjaysinh is eldest, aged 12 years, Artiben, aged 9 years and youngest Parvatiben, aged 6 years; that her son Sanjaybhai and daughter Artiben go to school walking through the field; that on 25.2.2011, her son Sanjay and daughter Artiben and other children left for school in the morning at 7 O'clock and her husband left for his job to Sabar Dairy at 8 O'clock and she alone was at home and doing household work; that at about 12.