R.L. Khurana, J.—The appellant, Vijander Singh, hereinafter referred to as the accused stands convicted by the learned Sessions Judge, Shimla, in Sessions Trial No. 36-S/7 of 1997 for the offence under Section 376, Indian Penal Code, vide judgment dated 9.11. 1998 and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a further period of six months.

2. Briefly stated, the facts of the present case are these. The prosecutrix Kumari Savitri, daughter of Bhajan Dass, is a resident of village Khabal Tehsil Chirgaon, District Shimla. The accused is also a resident of the said village. On 20.8.1996 at about 5 p.m., the prosecutrix had gone to the field of her maternal uncle to fetch grass. It was raining at that time. Having moved the grass, she kept the same in a "Kilta" (basket). When she was preparing to return home and was fixing the "Kilta” on her shoulders, the accused all of a sudden appeared at the scene. He pushed the "Kilta” aside and thereafter by holding the prosecutrix tightly in his arms, he threw her on the ground. He lowere