A.N.Jindal, J.

1. Attempt to rape upon a 7 years old girl (name not disclosed) at the hands of the accused-appellant Manoj (herein referred as the accused) dragged him to the Court of law, where after a long trial, he earned conviction under Section 376 read with Section 511 IPC, vide judgment dated 2.3.1998 passed by the learned Additional Sessions Judge, Gurgaon and was slapped with sentence of 3 years rigorous imprisonment and fine of Rs. 1000/-.

2. Ram Shanker, Ahir by caste, a resident of village Kanhai District Gurgaon had a daughter (name not disclosed being prosecutrix) aged about 7 years. On 24.3.1995, at about 2.00 p.m. she had gone to answer the call of nature in the Gatwar, where she fell prey in the hands of the accused who tried to commit rape upon her. The screams of the prosecutrix attracted Omwati wife of Har Pal. At this, the accused fled away towards the fields. On the basis of the aforesaid statement made by the complainant, a case under Section 376 read with Section 511 IPC was registered against the accused. Consequently, it was investigated and ultimately challan was presented in the Court. On commitment, the accused was charged under Section 376 read