JUDGMENT/ORDER :

Pushpendra Singh Bhati, J.

1. This criminal appeal under Section 374(2) Cr.P.C. has been preferred against the judgment dated 29.09.1995 passed by learned Additional District & Sessions Judge, Churu ('trial court') in Sessions Case No. 89/1993, whereby the accused-appellant was convicted for the offence under Section 376(2)(G) of the IPC and sentenced to undergo ten years rigorous imprisonment and a fine of Rs. 100/-, in default of payment of which, he was to undergo further fifteen days rigorous imprisonment.

2. Brief facts of this case, as noticed by this Court, are that on 03.07.1993, one Gulab (complainant) lodged a verbal report before the Police Station Sardarshahar against the present accused-appellant-Mahaveer, alongwith two others namely, Debu and Ganesh, to the effect that on 02.07.1993 in the morning, while he went to his field, situated within the boundary of Naharsara, his daughter (aged 13 years on that date) and his brother's (Mamraj) daughter (aged 11 years on that date) alongwith one child Krishan also came to the field; in the afternoon on the same day, he told them to go back home and they all went accordingly; while the complainant stayed there to