JUDGMENT :

Sureshwar Thakur, J.

This appeal is directed against the judgment, rendered on 30.09.2008, by the learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Trial No. 27 of 2007, whereby, the appellant has been convicted and sentenced, to, suffer rigorous imprisonment for ten years and to a pay fine of Rs. 1,000/- and in default of payment of fine, to further undergo simple imprisonment, for, a period of three months, for the commission of offence u/s 376 of the Indian Penal Code (hereinafter referred to as 'IPC').

2. The brief facts, of the case, are that the prosecutrix, PW-3 was aged about 17 years. She was studying in Government Senior Secondary School, Kunsal, located at a distance of 7-9 kilometers from her house. On 1.6.2007, after the school hours, she was proceeding home from school. The prosecutrix commuted the distance, from Kunsal to Maha-Kaal on foot. She boarded a private bus, at, Maha-Kaal, for Mudh. The accused also boarded the bus at Maha-Kaal. PW-3, the prosecutrix alighted the bus at Mudh. She had to cover the distance from Mudh to her home on foot. The accused, too, alighted at Mudh. The accused asked PW-3, the prosecutrix, if she was proceeding to