Hon’ble Dharam Veer, J.

This appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 3.10.1997 passed by the Ist Additional Sessions Trial No. 243/1995, State v. Bachan Singh & Anr., whereby the learned 1st Additional Sessions Judge has convicted the appellant/accused Bachan Singh under Sections 376 of Indian Penal Code, 1860 (for short IPC) and sentenced him to undergo seven years’ R.I. along with fine of Rs. 5,000/-, in default to undergo further six months R.I. However, the accused appellant was acquitted of the charges punishable under Section 342 & 496 IPC. Co-accused Smt. Sureshi was also acquitted by the trial court for the charges levelled against her under Sections 342 and 496 read with Section 114 IPC.

2. In brief, the prosecution case is that on 18.3.1995 at 4.05 pm, PW1 Km. Arun Prabha lodged an FIR with the averments that on 29.12.1994, she along with her cousin brother Ram Prakash came from Delhi to Dehradun on the occasion of the birthday of the daughter of the accused appellant Bachan Singh on his invitation. Bachan Singh is the son