This appeal has been preferred by one Prem Chand, who was convicted under Sec. 376 I. P. C, and sentenced to undergo R. I. for seven years. According to the prosecution case on 28th December, 1974 Kumari Vidya aged about 10, sister of Ram Asrey, in village Karinna Manikpur within the police circle of Mohamada-bad had gone to graze her cattle in the Har of that village. Another girl Kumari Munni was also grazing her cattle with her. The appellant was also grazing his buffalo in the same Har. At about 4 P. M. when Kumari Vidya was sitting on the Khadar, Preni Chand appellant caught hold of her hand, dragged her, threw her on the ground and after undres sing her committed rape on her. Her screams attracted to the scene of occurrence Sri Ram Jatav, Kaleshi Kahar and Munno Devi. They all saw the appellant committing rape on Kumari Vidya. After the rape was committed on her she started bleeding from her vagina. On seeing the witnesses the appellant ran away from the scene of occurrence towards village Madanpur. The report of the occurrence was lodged by Ram Asrey, brother of the victim on 29th December, 1974 at 9. 45 A. M, At the police station the stained clothes of Kuma