JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Appellant was accused of a charge of commission of an offence under Section 376 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 20,000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for two years.

3. The prosecution case is as under:

The prosecutrix was a minor. She was aged about 11 years. Appellant was a co-villager. As per the First Information Report, on 5.02.1993 at about 8.00 a.m., she went to the fields to bring fodder. When she reached near the fields of one Nihala, the appellant came near her and forcibly lifted her. She raised an alarm but the appellant gagged her mouth and started sexually assaulting her. After hearing the voice of her aunt, the appellant left her and ran away.

The learned trial Judge found the appellant guilty of commission of the offence under Section 376 of the Indian Penal Code. Aggrieved thereby 0and dissatisfied therewith, the appellant filed an appeal before the Punjab and Haryana High Court, which has also been dismissed by reason of the impugned judgment.

4. Mr. Brijender Chahar, learned sen