(1.) Heard. Appeal is admitted.
(2.) This appeal is filed by the accused of Sessions Trial No. 348/2008 against his conviction for the offence punishable under Section 376 (1) of the Indian Penal Code ("I.P.C. for short) and sentence to suffer rigorous imprisonment ("R.I." for short) for seven years and to pay fine of Rs. 1600/ in default to suffer R.I. for 40 days.
(3.) The accused was tried for the said offence with the allegation as under: