R. S. Thakur, J.—This is a jail appeal filed by the appellant Fitta, hereinafter referred to as the accused, challenging the order of conviction passed against him by the Sessions Judge, Kangra Division camp at Chamba, on December 3, 1984 for the offence under section 376 of the Indian Penal Code, sentencing him to undergo rigorous imprisonment for a period of five years.

2. The prosecution case before the trial Court was that one Smt. Bhutto wife of Abhiya Ram and the accused Fitta belong to two neighbouring villages Pantehar and Chanohta respectively at a distance of about one k. m. from each other, (probably the village Pantehar is a part of village Chanohta). On May 19. 1984 said Bhutto alongwith other young children of her village like Jarmo and Kum. Meenki, etc. went to graze their respective cattle in the nearby jungle known as Kunahal. At about mid-day, the cattle of the companion graziers of said Smt. Bhutto strayed-away and they all then went to bring them back except said Smt. Bhutto who remained at the place where they were all together with her cattle. Meanwhile, the accused Fitta happened to bring his cattle there for grazing and finding that said Smt. Bhutto w