Sunil Kurnar Garg, J.-This appeal has been filed by the accused-appellant against the Judgment and order dated 4-4-1998 passed by the learned Addl. Sessions Judge, Sojat, District Pali in Sessions Case No. 34/94, by which he convicted the accused-appellant for the offence under Section 376, IPC and sentenced him to undergo ten years’ rigorous imprisonment and to pay fine of Rs. 100/-, in default of payment of fine, to further undergo 15 days imprisonment,

2. The facts giving rise to this appeal, in short, are as follows :-On 19-9-1994, one Sagsingh, Sub-Inspector, Police Station Nana, District Pail came to Jodhpur in connection with investigation of some case and during the course of investigation at Jodhpur, he received information that rape has been committed by accused-appellant Ghewar Ram with the daughter of PW2 Andaram. Thereafter, he immediately arrived at village Bhaniya in the District of Pali and called PW2 Andaram and his daughther Kama and upon this, PW2 Andaram desired that medical treatment of his daughter Kama be got done at Jodhpur. On the same day, he reached at Police Station, Udaimandir and recorded the statement of PW2 Andaram. In his statement Ex. P/6,