(1.) THE present appeal has been filed by the appellant -accused against the judgment and order dated 20.01.1997 passed by learned Additional Sessions Judge, Vadodara in Sessions Case No. 56 of 1995, whereby the appellant -accused was convicted for the offence punishable under Section 376 of the Indian Penal Code (for short "IPC"). The appellant -accused was sentenced to undergo rigorous imprisonment for a period of seven years and ordered to pay Rs. 200/ - fine for the offence punishable under Section 376 of IPC and in default of payment of fine, rigorous imprisonment for a period of one year was imposed.
(2.) THE case of the prosecution in short is that: - -
(3.) THEREAFTER , investigation was carried out and the chargesheet came to be filed against the accused in the Court of learned Magistrate. As the case was sessions triable, the same was committed to the Court of Sessions. Thereafter, charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.