(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.9.2007 passed by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 54/2006, whereby, the learned Judge has convicted the appellant under sec. 376 of IPC and sentenced to undergo R/I of 7 years and to pay a fine of Rs. 500/-, in default, to undergo further S/I for six months, which is impugned in this appeal.
(2.) The brief facts of the prosecution case is as under:
(3.) That prior to 18.1.2006, the present appellant being step-father of the prosecutrix has committed rape on prosecutrix with the help of his wife real mother of the prosecutrix in his house.