NANDITA DUBEY,J. - (1.)This appeal has been filed by the appellants being aggrieved by the judgment dated 24.09.2012, passed by learned Sessions Judge, Seoni in Sessions Trial No. 86/2012, whereby appellant has been found guilty for the offence punishable under Sections 450 and 376 of IPC and sentenced to undergo R.I.for five years and fine of Rs.500/-,and R.I.for seven years and fine of Rs.500/-,with default stipulations.
(2.)The prosecution story, in brief, is that on 6.5.2012 at around 4 pm while the prosecutrix was sleeping in her house, the accused-appellant who is the son of the real sister of the prosecutrix entered her house and committed rape on her against her wishes. It is stated that at the time of incident, husband of the prosecutrix had gone out to the forest to graze the cattle and her two daughters had gone to attend a wedding nearby.
According to the prosecution, the incident was witnessed by Bundobai (PW.2) and Anil Kumar (PW.3), who came running to the spot on hearing the hue and cry raised by the prosecutrix and removed the appellant from over the body of the prosecutrix.

(3.)The report (Ex.P/1)of the incident was lodged on 7.5.2012 at around 3 pm by the prosecutrix herself who came to the police station along with her husband and Kotwar Nathuram. On the basis of aforesaid report, the criminal law was set in motion. The spot map was prepared and broken pieces of bangles were seized from the spot vide Ex.P/5.The prosecutrix was sent for medical examination to District Hospital-Seoni where she was examined by Dr.Rajeshwari Kushram (PW.6) who found multiple abrasions on her back side.