S.N. Aggarwal, J. -

This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 filed by the appellant is directed against his conviction under Sec­tions 376(1) and 373 IPC vide impugned judgment of the Trial Court dated 14.8.2006 in Sessions Trial Case No. 59/04. The ap­pellant has been sentenced to undergo RI for 10 years for offence under Section 376(1) IPC and 7 years for offence under Section 373 IPC and fine with default stipu­lation.

2. I have heard the arguments of Mr. Dharmendra Garg, learned counsel appear­ing on behalf of the appellant and also of Mr. Vishal Mishra, learned Public Prosecu­tor appearing on behalf of the respondent/State. I have also perused the record of the Trial Court.

3. Briefly stated the facts of the prosecution case giving rise to this appeal are as follows:-

There were seven persons implicated as accused persons by the prosecution in crime No. 298/03 registered at Police Station Jamner, District Guna. The appellant was one of them. Initially the crime was regis­tered against the unknown persons on the basis of 'merg report' of the mother of the prosecutrix. The case was registered under Sections 302 and 201 read with Section 34