Honble GARG, J.–This appeal has been filed by the accused appellant against the judgment and order dated 4.12.2000 passed by the learned Addl. Sessions Judge, Barmer in Sessions Case No. 27/99, by which he acquitted the accused appellant of the charges for the offence under Sections 342, 323 IPC, but convicted him for the offence under Section 376 IPC and sentenced him to undergo seven years RI and to pay find of Rs. 2,000/-, in default of payment of fine, to further undergo RI for three months.

(2). It arises in the following circumstances:-

On 8.5.1999 at about 9.30 AM, PW 6 Durgaram lodged a written report Ex. P/5 before PW 16 Shanti Prakash, S.I. Police Station Bakhasar, District Barmer stating inter-alia that he hailed from village Tadla and his sister Mangi, PW4 (hereinafter referred to as the prosecutrix was living in the village with his mother, father and younger brother and he had gone to Dissa (Gujarat) for the purpose of doing labour work. It was further stated in the report that he received a message that his sister Mangi PW4 prosecutrix was ravished by accused appellant and after hearing this news, he came to his village on the same day i.e. on 6.5.1999 and he asked his

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