Anita Chaudhry, J.

This appeal is by the convicted accused who was sentenced to undergo rigorous imprisonment for a period of 7 years along with fine of Rs.1,000/- and in default of payment of fine, he was to undergo further imprisonment for a period of 3 months, under Section 376 IPC, by the Sessions Judge, Hoshiarpur, vide order dated 10.03.2004.

2. The case of the prosecution in brief is as under:-

The mother of the prosecutrix had died 10 years ago. Her father was a band master. She had come to her maternal uncle's house in village Pandori Baghel Singh 3 - 4 days ago. Talks of her engagement were going on through Madan Lal accused, resident of village Kotli Khas in his in-laws village Sarna. Allegations are that Madan Lal came to her maternal uncle's house at 8:00 P.M. and told her that Tarsem Lal, father of the prosecutrix was in village Sarna and the family in which the engagement was to be settled was also arriving and they were waiting to see the prosecutrix and he had been sent to bring the prosecutrix to the village.

The prosecutrix accompanied Madan Lal on the cycle. On the way Madan Lal stopped the cycle near the village Kotli and forcibly took the girl to the sug