JUDGMENT :

R.L. Khurana, J.

The appellant, Ram Dass Bandhu, hereinafter referred to as the accused stands convicted by the learned Additional Sessions Judge, Solan in Sessions Trial No. 15-S/7 of 2002 vide judgment dated 8.12.2003 for the offence under Section 376 Indian Penal Code, and upon such conviction he has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 10,000/-. In default of payment of fine, he has further been sentenced to undergo rigorous imprisonment for one year. The amount of fine, if realized, was directed to be paid to the prosecutrix (P.W.5) as compensation.

2. By virtue of the present appeal preferred by the accused through Jail, he has assailed the conviction and sentence imposed upon him by the learned Additional Sessions Judge.

3. Briefly stated, the prosecution story is this. The accused claims himself to be a "Parcharak" (Religious Preacher) and is known as "Sant Shiromani Swami Ram Dass Bandhu". In April/May, 2001, he had organised a camp near Old Anaj Mandi, Ambala City in Haryana State for the purpose of delivering religious discourses and also to provide medicines for the cure of various ailments. The religious discourses were delivered in three sessions every day.

4. On 1.5.2001, the prosecutrix "G" (PW5) along with her mother "S" (PW6) went to attend the congregation which was held between 4 p.m. to 6 p.m. They reached the congregation at about 4.30 p.m. After having listened to the religious discourse for sometime P.W.5 and her mother P.W-6 approached the accused for getting some medicine for the treatment of the ailment with which P.W.5 was suffering. After examining P.W-5, the accused told her mother P.W-6 that he would like to administer the medicine to P.W.5 at some isolated place. The accused then took P.W.5 and her mother to a nearby "Chobara" above the shop of Messrs. Suraj Bhan Sadhu Ram, in which "hobara" the accused had set up his residence. After making P.W.6 to sit in a room, the accused took the prosecutrix P.W.5 to the kitchen located near the stairs. He then locked the kitchen from inside and made the prosecutrix to lie on a wooden table (Takhat). He then gagged her mouth and removed her panty and subjected her to forcible sexual intercourse. P.W-6 after having waited for 10/15 minutes, knocked at the kitchen door. The accused opened the door. P.W-5 came out of the kitchen. She was weeping and on being asked as to what happened, she narrated the entire occurrence to her mother P.W-6. Both P.W-5 and P.W-6 returned home and narrated the occurrence to Shri Raj Kumar, the father of the prosecutrix P.W.5. The occurrence was not disclosed to anyone either by P.W.5 or P.W.6 or the father of the prosecutrix out of shame and fear on that day. However, on the following day, that is, 2.5.2001 at about 10.05 a.m. P.W-5 accompanied her mother went to Police Post No. 1, Ambala and made a report Ex. P.W-5/A to P.W-12 Assistant Sub Inspector Mange Ram, on the basis of which a case for the offence under Section 376 Indian Penal Code, came to be registered at Police Station, Ambala City vide FIR No. 165, Ex. PA.

5. P.W-6, the mother of the prosecutrix, produced the panty (underwear) Ex. P1 belonging to the prosecutrix before P.W-12 ASI Mange Ram, which was taken in possession vide memo Ex. P.W-1/A.

6. P.W-6, the prosecutrix was sent for medical examination. Such medical examination was carried out by PW-10 Dr. Veenu Sethi at civil Hospital, Ambala, at about 11.45 a.m. on 2.5.2001. P.W-10 observed as under :

"Alleged history of being sexually assailed on the previous evening by some Sadhu

General Examination :

General condition was stable, conscious, well oriented, vitals maintained.

On examination no external mark of injury was seen on the body. The girl had started having her periods (menstrual) six months back. Her last menstrual period was 20.4.2001.

Breast was normally developed. Local Examination.

External genitalia, pubic hair developed. No external mark o