Rajiv Sharma, J.

This appeal is instituted against the judgment dated 28.9.2010 rendered by the Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in RBT SC No. 36-N/VII/10 whereby the appellant-accused (hereinafter referred to as the “accused” for convenience sake), who was charged with and tried for offence punishable under section 376 of the Indian Penal Code has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 25,000/- and in default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of one year.

2. Case of the prosecution, in a nutshell, is that prosecutrix was studying in Government Primary School, Kandwal. On 4.3.2010, when the school timing was over at about 2.30 P.M. she did not go to home. The brother of prosecutrix was called. She was sent with her brother. However, she came back. She was reluctant to go home. The prosecutrix was asked by the teacher Pooja Mahajan in presence of two other lady teachers Ritubala and Chandarkanta. The prosecutrix told them that accused was her cousin. Accused and his mother had been torturing and beating her. Accused used to