1. This Criminal Appeal arises out of the judgment and order of the trial court dated 1.8.2001 passed by the learned Sessions Judge, Dehradun in Sessions Trial No. 100 of 1998 convicting the present appellant under Section 377 IPC and thereby sentencing him for 4 years of rigorous imprisonment. The accused appellant stood acquitted under Section 376 IPC read with Section 511 IPC, the other charges on which he had faced the trial.

2. Since in this case the appellant was not being represented by any counsel at the time of final hearing, the Court appointed Mr. R.C. Tamta a practising lawyer of this Court as Amicus Curiae in the matter, to present the case of the appellant before this Court. He was given the paper book of the case, free of cost and time to prepare the matter. It is listed today now for final hearing.

3. The State is being represented by Ms. Mamta Bisht, Assistant Government Advocate.

4. Matter heard at length.

5. The facts of the case are like this. The incident from which the present case arises before this Court happened in the hill station of Mussoorie, Dehradun. On 19.4.1998, the complainant took his nine years old daughter to the neighbourhood barber’s