JUDGMENT

R.L. Anand, J. - This is a criminal appeal and has been directed against the judgment and order dated 22.4.1995, passed by the Court of Addl. District and Sessions Judge, Gurgaon, who convicted the appellant Javed alias Jahid under Section 376, Indian Penal Code, and sentenced him to undergo R.I. for a period of 10 years. The appellant was further directed to pay a fine of Rs. 1,500/-; in default of payment of fine, he was directed to undergo R.I. for one month. It was further ordered by the trial court that out of the fine, if realised, a sum of Rs. 1,000/- shall be paid to the prosecutrix by way of compensation.

2. The brief facts of the case are that on 14.4.1992, at about 12 Noon, complainant Parvina aged about 11/12 years, lodged a report with the police stating that her parents were residing in a rented house in Village Choma. On that date, at about 8 AM, her mother Hasina and father Kallu had left the house for doing the work. Her younger sister Samina and brother Dilsad had gone out of the house to attend a feast. Appellant Javed was a relative of their neighbour; her mother had left him in the house for ironing the clothes. She was lying on the cot. When she was as