M. B. SHARMA, J.

( 1 ) THE accused appellant has been convicted by the learned Additional Sessions Judge, Jhalawar under his judgment dated December 19, 1986 under section 376 I. P. C. and has been sentenced for the said offence to undergo seven years rigorous imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo six monthst rigorous imprisonment. The accused has further been convicted for offence under section 341 I. P. C. and has been sentenced to undergo 15 days rigorous imprisonment.

( 2 ) THE case of the prosecution is that Shamshad Begum is a girl aged about 12 years. She is the daughter of Shabbir Ali (P. W. 2) and Smt. Jamila (P. W. 3 ). On February 3, 1985 Shamshad Begum (P. W. 1) had gone at about 10. 00 a. m. to the Jungle to graze a she buffalo. It is alleged that the accused appellant along with one other person arrived there. The accused appellant felled her on the ground and caught her by both hands and his companion committed rape on her. Then the companion caught hold of Shamshad Begum by her hands and the accused appellant is said to have committed sexual intercourse. Shamshad Begum was left by the accused appella