( 1 ) THIS appeal has been preferred by the convict-appellant being aggrieved by the judgment and order dated 27-2-97 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh whereby the accused-appellant has been convicted under Section 376/511, I. P. C. and has been awarded a sentence of four years R. I. and a fine of Rs. 400/- and, in default of payment of fine, one months S. I.

( 2 ) BRIEFLY stated, the facts giving rise to the prosecution of the appellant are that P. W. 3 Madan Lal is resident of Village Tamlao while P. W. 4 Smt. Sampat is his wife. P. W. 8 Kum. Sugani is his daughter. Kum. Santosh, who was aged about four years at the time of the alleged occurrence, is their younger daughter. On 2-3-96, Madan Lal along with his wife Smt. Sampat as well as their son P. W. 5 Badri Lal lodged a verbal report at the Police Station, Rawat Bhata that on 1-3-96 at about 8 P. M. they were present at their house. Their children along with Kum. Santosh were playing outside their residence. The appellant, who is also resident of their village, used to visit their house in connection with lifting of dead cattle. The accused came to their house and was sitting outside their