Kuldip Chand Sood, J.—The present appeal is directed against the judgment of the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, dated March 31,1997, in Sessions Trial No. 31-R/7 of 1995, whereby the appellant Amrit Lai, hereinafter referred to as an accused, has been convicted for an offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of rupees 2,000/-. In case of default in the payment of fine, the accused is to suffer further simple imprisonment for one year. The accused has also been directed to pay rupees 5,000/- as compensation to the victim.

2. Prem Kumari d/o Shri Achhar Singh, is resident of village Pangi. On July 9, 1994, Prem Kumari (PW1) visited the house of Sukhdev to pay obeisance to Devta who was brought to the house of Sukhdev on the same day from Kalpa. Amrit Lal accused, a resident of Kalpa, had accompanied the Devta from Kalpa to the house of Sukhdev in Pangi.

3. The prosecution case: In the early hours of the morning of July 10, 1994, at about 3.00 a.m., Prem Kumari left the house of Sukhdev to bring water for her grand-mother. Accused met her nea