1. - This criminal appeal is directed against the judgment dated December 22, 1986, passed by the Additional Sessions Judge, Deeg whereby the learned Additional Sessions Judge convicted the appellant for the offence under Section 37b, IPC and sentenced him to undergo 10 years R.I. with a fine of Rs, 500/-in default, to further undergo 3 months R. I.

2. Brief facts giving rise to this appeal are that Smt. Radha Devi w/o Bal Mukand Beghela Thakur, r/o Shroti Mohalla, Town Kama (Bharatpur district) lodged an oral report on 14th February, 1986 at 8 a.m. at police station Kama with these allegations that, on February 13, 1986 at about 7 p m. her daughter, Kumari Kusum aged 6 years told her that she had gone to the house of her AIR 1973 SC 501 Rel. on. Para 19, 20 & 21 brother and sister-in-law (Bhabhi) - after half an hour, Kumari Kusum came weeping back to her house - on this, she enquired into the matter then Kumari Kusum told her that Mahesh has committed rape with her. It was further alleged that Smt. Radha went to the house of Mahesh alongwith Shivram and Budharam. where Mahesh was present and they enquired from him and he admitted his fault.

3. On the aforesaid report, a ca