Hemant Gupta, CJ.

The present appeal is directed against a judgment of conviction passed by learned Special Judge (Atrocities), Panna (M.P.) in Special Case No. 37/2006 on 05.01.2008 whereby appellant Dinesh s/o Ram Kishore Vyas has been convicted under Section 376(2)(g) of the Indian Penal Code along with co-accused Prahlad s/o Ramswaroop Rajput and vide separate order, both have been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.1,000/-; in default of payment of fine, to further under rigorous imprisonment for one month.

2. The prosecution case was set in motion on the basis of statement of the prosecutrix (hereinafter referred to as the “G”) made to S.R. Khan, Assistant Sub Inspector (ASI) posted as In-charge Police Chowki, Maheba, Police Station Amanganj, District Panna on 26.09.2006 at 08.05 p.m. in respect of a sexual assault on her. The statement is that she is a student of Class-8th. She went to the field to ease herself at about 07.30 p.m. After coming back, she was washing her hands. At that time, appellant Dinesh Vyas and co-accused Prahlad Singh Rajput caught hold of her. Dinesh Vyas pressed her mouth. Naresh Basor was also accompanying