1. - This appeal is directed against the judgment dated 3.12.92, passed by the Special Judge, dacoity affected area, Bharatpur, by which the learned Special Judge convicted and sentenced the accused-appellant for the offences under Sections 366,376/511 and 377 I.P.C.

2. The case of the prosecution is that on 29.6.91, at about 2.30/3.00 p.m. Kumari Sapna D/o Hukam Singh, aged about seven years, was going to purchase biscuits and sweetmeats from a shop in Rajendra Nagar Colony, Bharatpur. In the way the accused Chouhal Singh S/o Prabhati, who used to reside in Patwara Mohalla, met her and took her in the bushes behind Radha Swami temple. The accused tried to commit rape upon her but remained unsuccessful and thereafter has a carnal intercourse against the order of nature with her. The prosecution, in support of its case, examined seventeen witnesses. The accused did not produce any witness in his defence. The learned Special Judge, after trial, convicted the accused-appellant for the offences under Sections 376/511, 366 and 377 I.P.C. and sentenced him to undergo five years rigorous imprisonment and a fine of Rs. 5000/- and in default of payment of fine further to undergo one