JUDGMENT 1. - In the instant criminal appeal, the appellant has assailed the judgment dated December 3, 1997 passed by learned Additional Sessions Judge, Jhunjhunu in Sessions Case No. 31/97 (110/97) whereby the appellant was convicted under Section 376/511 IPC and sentenced to undergo three years Rigorous Imprisonment and fine of Rs. 2,500/-, in default to further suffer three months simple imprisonment. 2. As per the prosecution story, the appellant on read with prosecutrix Tasleem in a temple and commuted rape on her Charge sheet was filed against the appellant and the case came up for trial before the learned Additional Sessions Judge, Jhunjhunu. The appellant denied the charge under Section 376 IPC framed against him and claimed trial. The prosecution in support of his case examined as many as 15 witnesses. In the explanation under Section 313 Cr.P.C. the appellant claimed innocence but no witness in defence was examined by him. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. 3. I have heard the submissions advanced before me and scanned the material on record. 4. Prosecutrix Tasleem (Pw. 14) in her deposition stated that the appellant took her to temple, undressed her and got over her. Learned trial Judge on considering the evidence, held that offence of rape could not be established and found the appellant guilty for the offence of attempt to commit rape on the prosecutrix. The testimony of the prosecutrix could not be shattered in the cross examination. The appellant had already served the sentence awarded to him. Conclusion arrived at by the learned trial Judge does not suffer from any infirmity. 5. As a result of foregoing discussion, I do not find any merit in the instant appeal and the same stands dismissed.Appeal dismissed. *******