Sham Sunder, J.

1. This appeal is directed against the judgment of conviction dated 12.08.1994, and the order of sentence dated 16.08.1994, rendered by the Court of Additional Sessions Judge, Rewari, vide which it convicted the accused (now appellant), for the offence, punishable under Section 376 of the Indian Penal Code (hereinafter called as the IPC only) and sentenced him, to undergo rigorous imprisonment for a period of four years, and to pay a fine of Rs. 2000/-, in default of payment of fine to undergo further rigorous imprisonment for a period of six months.

2. The facts in brief are that on 31.08.1992, the prosecutrix (the name is not being mentioned in view of the pronouncement of the Apex Court), aged about 11 years, and her brother aged 9 years, were alone in the house, situated in village Chandan was, as her parents had gone to village Pandupol to attend the fair. At about 11.00 PM on 31.08.1992, Sube Singh, accused, Sarpanch of the village, entered their house. At that time, the prosecutrix and her brother Dinesh were sleeping in the verandah of the house. The accused put his hand on the mouth of the prosecutrix and lay over her. He removed her underwear (Kach