JUDGMENT :

M.R. Verma, J.

This appeal is directed against the judgment dated 22.11.2002 passed by the learned Sessions Judge, Mandi whereby the appellant/accused (hereafter referred to as 'the accused') has been convicted under section 376 and 506 I.P.C. and has been sentenced to rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year under section 376 I.P.C. and to undergo rigorops imprisonment for one year and to pay a fine of Rs.1000/- and in default of payment of fine to undergo further rigorous imprisonment for one month under section 506.

2. Case of the prosecution is that on 1.11.2001 the prosecutrix (PW-3), aged about 12 years, along with her father (PW-4) and other family members, had gone to attend a fair at Gagan. After attending the fair, in the evening, they went to the house of Chet Ram (PW-7), husband of Purnu Devi elder sister of PW-4.Rukmani Devi (PW-8) younger sister of PW-4 and her husband the accused were also present in the house of PW-7. Some of trial Children of the aforesaid persons including Peti Devi (PW-9), the accused, his wife Rukmani Devi (PW-8), Tele Devi,