1. This is appeal by Raunqi Saroop from the judgement of the Sessions Judge, Ambala dated June 6, 1968 convicting the appellant under Section 366, Indian Penal Code and sentencing him to rigorous imprisonment for one year.

2. The prosecution case is that Smti. Mohani Kumari lives with her father Dial Chand in Ambala Cantt. There is a temple in the Cantt. The appellant used to play harmonium at the time kirtan was recited in the temple. Smti. Mohani Kumari visited the temple in the company of her mother. Mother of Smti. Mohani Kumari arranged kirtan at her house. The appellant participated in it. This happened couple of months before the date of occurrence, which came off on October 13, 1967.

3. On the night between October 13 and 14, 1967, Smti. Mohani Kumari was sleeping in the house. It was 10.00 p.m. Krishan Lal neighbour of Dial Chand knocked the door of his own house. Smti. Mohani Kumari got awakened as a result of the knocking of the door of the house of Krishan Lal. She left the house and proceeded for seeing drama, which was going on in Anai Mandi in the Cantt. It is stated by her that the appellant met her near Ganda Nullah and on his request to accompany him, she