(1.) Appellant-accused Shyam Lal has filed this appeal under section 374 (2) of the Cr.P.C , 1973challenging the legality and validity of the judgment and order dated 28.9.2004 passed by the learned Sessions Judge Vidisha in Sessions Trial No. 70 of 2004, whereby the appellant has been convicted under Section 376 (1) of the I.P.C and sentenced thereunder to suffer RI for a period of seven years and to pay a fine of Rs. 1000/- (one thousand), in default of which to suffer further RI for a period of two months.
(2.) The facts and circumstances giving rise to this appeal are, in brief, given below :
(3.) The learned Sessions Judge framed the charge against the appellant under Section 376 (1) I.P.C. He denied the charge and opted for trial.