Sunil Kumar Garg, J.-This appeal has been filed by the accused-appellant from jail against the Judgment and order dated 26-6-1999 passed by the learned Addl. Sessions Judge No. 3, Udaipur in Sessions Case No. 18/99 (53/99) by which he convicted the accused-appellant for the offence under Section 376(2), IPC and sentenced him to undergo ten years’ rigorous imprisonment and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo SI for one month.

2. Sinceit is a jail appeal and accused-appellant was not being represented by anybody, therefore, this Court vide order dated 18-8-2000 appointed Mr. Vijay Purohit, as Amicus Curiae and he has argued this appeal on behalf of the accused-appellant.

.3. It arises in the following circumstances :-On 1-12-1998 at about 10.15 PM, PW-1 Amra lodged a written report Ex. P/i before PW-13 Lal Singh, ASI, Police Station Parsola District Udaipur stating inter alia that on that day he and his wife PW-2 Rukmani were digging their well in the field and at about 5.00 PM in the evening when they were ready to return to their house, they heard the cries of children from their house, which was near to their field and thus, they ru