Dave, J.—This is an appeal by one Mohmad Hussain against the judgment of the Additional Sessions Judge, Paratapgarh-dated the 18th of December, 1954 whereby he has been convicted under sec. 376 of the Indian Penal Gods and sentenced to one years rigorous imprisonment and a fine of Rs.11/-. In default of payment of fine, he has been sentenced to undergo simple imprisonment for 15 days.

2. The incident relating to this case is said to have taken place at the appellants house in the town of Chittor on the 13th of October, 1952 at about 8 p.m P.W. 10 Mathuralal, who conducted the investigation of this case, has stated that on the date of occurrence he got an information from a reliable source at about 8 p.m. that a Hindu girl was closed in the appellants house. Thereupon he wrote out the first information report Ex, P. 1 and left the Police Station for going to the appellants house. The appellant met him in the way coming towards the Police Station and so he asked him to accompany him. Then they went to the appellants house and found that a number of persons had collected outside that house. He went inside and found a girl named Kamla in the appellants room on the first floor. He brought the girl and the appellant back to the Police Station. After investigation, he challenged three persons namely, Chhogalal, Abdulla and the present appellant Mohmad Hussain.

3. The story put up the prosecution was that Mt. Kamla was aged about 13 or 14 years and although she was married, she had not been seat to her husbands house by that time and she was still residing with her parents in Chittorgarh town and used to work as a labourer. On the day of occurrence, Mohamad, Chhogalal and Abdulla conspired together to commit a rape on this girl and Ghhogalal was entrusted with the task of bringing her to the appellants house by some device. Accordingly, Chhogalal went to the girl a about 4 or 5 p.m. and told her that he wanted two corrugated iron-sheets to be removed from the appellants house to another place and she would be paid 2 annas per tin for her labourer charges. Mt. Kamla agreed to do this job and she accompanied Chhogalal to the appellants house at about 6 or 6.30 p.m. It is said that when this girl was just lifting up the corrugated sheets, Chhogalal and the appellant caught of her. They lifted her up on their arms and took her to a room on the first floor. Thereafter all the three persons, namely Chhogalal, Abdulla and Mohmad Hussain committed rape on her one after the other.

4. The appellants version in the committing Magistrates court as also in the trial court was that he had gone out in the evening for his prayers and when he returned, he found that the door of his house was open and five or seven persons were collected outside. He was told by these people that there was a girl inside his house. He apprehended trouble and so he went to report about this matter to the Police Station. When he returned to his house with the Sub-Inspector, he saw a large crowd outside it. According to him, the girl was sent in house by some persons who were interested in getting that house vacated him. He said that Kishanlal Sindhi, Chhogalal Teli. Shiv Shanker and other wished that the house that he was occupying should be given to some Sindhis and, therefore, they wanted him to vacate the same. When be refused to comply with their wishes, they became inimical towards him and they played this trick to oust profession of this property.

5. Abdullas defence was that he was present at his own house and did not go to the appellants house on that day. According to him, there was a criminal case between him and Mt. Kamlas father and so he was implicated by her just to wreak her fathers vengeance.

6. Chhogalals version was that Chhoga Teli, Kishanlal Sindhi and others were inimical towards him because he had sided with Abdulla in a criminal case between him and Chhogalal Teli.

7. The trial court did not believe the prosecution evidence against Chhogalal and Abdulla an

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