S.S.Grewal, J.

1. This appeal is directed against the judgment and order dated 11.2.1988 passed by Shri P.C. Singal, Additional Sessions Judge in Case No. 125/23 or 1987, under Section 376 I.P.C. vide which he had convicted and sentenced the appellant/accused for three years rigourous imprisonment and to pay a fine of Rs. 2500/- and in default of payment of fine, to undergo rigourous imprisonment for a period of six months.

2. The prosecution story, as given by the prosecutrix Jaswinder Kaur PW4 in the Court, is that she is the daughter of Ram Kishan PW 10 and resides with her parents in Kacha Machhiwara. The accused is known to her as he is their neighbour. About 8-1/2 months back, at about 7.30 P.M. (statement recorded on 16.11.1987 and the occurrence took place on 27.2.1987) she had gone to the field of Anokh Singh to answer the call of nature. She was sitting in the water course (khal) which is by the side of the field of Anokh Singh. After answering the call of nature, she got up and was tying the string of her salwar. At that time, the accused came there from her back side. She was wearing a shawl on her head. Firstly, the accused caught hold of that shawl and then he