Kuldip Chand Sood, J.—Appellant Medho hereinafter referred to as the accused", was tried and convicted by the learned Sessions Judge, Chamba Division at Chamba for an offence punishable under Section 376 of the Indian Penal Code in Sessions Case No. 38 of 1997 vide judgment dated 18th January, 1999. The accused has been sentenced: "to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000. In case of default in the payment of fine, the accused is to further undergo rigorous imprisonment for one year."

2. Aggrieved, accused filed this appeal against his conviction and sentence from the Jail. The accused represented for a legal aid counsel to conduct his appeal at the State expense. Mr. Rahul Mahajan, Advocate, was appointed as counsel for the accused.

3. Accused Medho Ram, aged about 22 years at the time of occurrence, was resident of Charotu of Pargana Gudial in Tehsil and District Chamba. Victim, aged about 13 or 14 years, at the relevant time, is resident of nearby village Phumbi. Victim used to live with her parents in the village and was studying in the Government Primary School, Silagharat.

4. On 7th April, 1997, victim was sent by her mo