1. Vide order dated 1-2-1999 in case FIR No. 97 dated 18-3-1997 registered under Section 376, IPC at Police Station, Uchana (Sessions trial No. 39-A dated 29-10-1997), Ms. Kiran Anand Lall, Sessions Judge, Jind convicted Dalbir Singh son of Ram Dia under Section 376, IPC and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5000.00 or in default to undergo further rigorous imprisonment of six months.

2. The prosecution case, in brief is that in the year, 1997 Ram Parvesh PW-12 was labourer working at the brick kiln of Madan Lal in village Palwa, Smt. Jashoda was also a labourer working at that brick kiln. She had her granddaughter Pinki with her, Pinkis mother was dead, Ram Parvesh and Joshoda are from Bihar. On 18-3-1997 at about 12.00 noon Ram Parvesh, Jashoda and Pinki had gone out to fetch wood near about that brick kiln. They were picking wood at some distance from the brick-kiln, while picking wood, Pinki had gone a little ahead of them, Ram Parvesh and Jashoda heard the cries of Pinki. He and Jashoda ran towards the kothri from where cries were emanating. They saw Dalbir Singh-accused raping Pinki whose under wear was lying removed. O