(1.) HEARD Shri Naidu, Advocate for the appellant and Shri dhote, A. P. P. , for the respondent.
(2.) THIS appeal is filed for quashing and setting aside the judgment and order dated 30-1-2002 passed by the First Additional Judge, Gondia, in Sessions Trial No, 7 of: 1998, convicting the present appellant (hereinafter referred to as "accused") for an offence punishable under section 376 of Indian penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- and in default of payment of fine to suffer rigorous imprisonment for two years.
(3.) THE brief facts of prosecution which appear from the record are as under: