Mohd. Yamin, J.-This jail appeal was preferred by the appellant from jail and amicus curiae was appointed by this Court.

2. Appellant-Tulsi Ram was convicted for offences under Sections 376 and 342, IPC by learned Additional Sessions Judge No. 2, Chittaurgarh on 13-4-1998. He was sentenced to seven years’ simple imprisonment with a fine of Rs. 200/-and in default to undergo one month’s simple imprisonment. He was sentenced to one month’s simple imprisonment with a fine of Rs. 100/-and in default to undergo 15 days simple imprisonment for offence under Section 342, IPC. It was ordered that both the substantive sentences shall run concurrently. Aggrieved by this conviction and sentence he preferred this appeal.

3. Briefly stated, on 30-10-1996 Sayri reported to Station House Officer, Bhensroadgarh that on 29-10-1996 she had gone to the field of her brother in order to dig peanuts. She worked there up to 5-6 O’clock. She was returning to Ladpura and when she reached near the field of Bhanwarlal, appellant suddenly pounched upon her and caught hold. She wanted to cry but her mouth was gagged. Appellant lifted her and took to the place near the field of Bhanwarlal under a tree.