1. In case F.I.R. No. 34, dated 27-1-1997 of Police Station Naraingarh (Sessions Case No. 38 of 1997), Nirmal Kumar alias Kaka-accused age d 21 years was convicted by the learned Additional Sessions Judge, Ambala under S. 376, I.P.C. and was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,000.00 and in default of payment of fine, to further undergo R.I. for one year vide order dated 2-4-1998.

2. The prosecution case in brief is that on 25-1-1997, Baldev Raj son of Petu Ram of village Bakarpur who is Teacher in Adarsh Public School, Khanpur Lobana, after attending the school, went to his relations in Nawan Shahar in District Yamuna Nagar. From there, he returned to his school on the morning of 27-1-1997. He did not go to his village during this period. After attending his school, he returned to his village Bakarpur on 27-1-1997 at about 4 p.m. His wife Meena told him that on 25-1-1997, at about 4 p.m., when their daughter-Vandana was playing in the street, Nirmal Kumar alias Kaka-accused took her to his residence. She further told him that when Vandana came back, she was found weeping. Since she did not stop weeping, she took her to a doctor. The doctor gav