SHAM SUNDER, J. - (1.)THIS appeal is directed against the judgment of conviction and the Order of sentence dated 21-09-1995, rendered by the Court of Additional Sessions Judge (II), Jind, vide which it convicted the accused/appellant, for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years, and to pay a fine of Rs. 200/-, in default of payment of fine, to undergo further rigorous imprisonment for a period of one month. The accused was, however, acquitted of the charge for the offences under Sections 323 and 506 I.P.C.
(2.)THE facts, in brief, are that, Jai Parkash, a resident of village Baroda, was a contractor. He had taken 2-1/2 acres of agricultural land, on lease, from Bhira alias Telu, out of his field known as 'Durwala' field in the year 1994. On 12-08-1994, he was away to Narwana, in connection with his contract work. His wife, the prosecutrix ( the name is not being mentioned) went to the fields to watch the crop and to bring grass for cattle. At that time, the crops of cotton and Jawar were sown in the said field. The prosecutrix was busy in her agricultural work, in her field. At about 11.30 a.m., Ram Niwas accused, son of Inder, whose field was also situated adjoining the field of Jai Parkash, came to her. He enquired from her, as to whether, she had come all alone. Ram Niwas caught hold her, in his arms, from her back side, and asked her to have sexual intercourse with him. The prosecutrix abused her and raised cries for her defence. The accused, however, shut her mouth and made her lie on the ground and, then, committed sexual intercourse with her, without her consent, and against her will. On hearing her cries, Kali Ram, son of pat Ram, who was grazing his cattle in the nearby fields, came at the spot. On seeing him coming to the place of occurrence, Ram Niwas, accused, left the prosecutrix, in the naked condition and ran away. In the meantime, Balwan, son of Bhal Singh and Raja, son of Telu also came there. Accompanied by Kali Ram, Raja and Balwan, the prosecutrix came to her house, in torn clothes. In the evening, Jai Parkash, the husband of the prosecutrix came back from Narwana. The prosecutrix narrated the occurrence to him. He, then, accompanied by the prosecutrix went to the Police Station and lodged the report. The prosecutrix, was then taken to Primary Health Centre, Uchana, for medical examination, but the doctor at Uchana, was not available. Therefore, she was brought to General Hospital, Jind. After her medical examination, the kurta, salwar, underwear, dupatta and vaginal swabs of the prosecutrix were taken in custody vide memo Exhibit PO. The broken pieces of the bangles of the prosecutrix, from the place of occurrence, were also taken into possession vide memo Exhibit PH. Site plan Exhibit PP was prepared by the Investigating Officer. The accused was arrested. His medical examination was got conducted. Medical report Exhibit PM was obtained. After the completion of investigation, and receipt of report from the Director, Forensic Science Laboratory, Madhuban, the accused was challaned.
On his appearance before the Court of Sessions, charge under Sections 376, 323 and 506 of Indian Penal Code, was framed against the accused, to which he pleaded not guilty and claimed trial.

(3.)THE prosecution, in support of his case, examined Randhir Singh, son of Telu Ram (PW-1), Patwari Panjab Singh (PW-2), Mohinder Singh (PW-3), Ranbir Singh (PW-4), Ram Chander (PW-5), Bhikhu (PW-6), Balwan Singh (PW-7), Raja (PW-8), Jai Parkash, husband of the prosecutrix (PW-9), Dr. Mrs. Abha Kulshreshta, General Hospital, Jind (PW-10), the prosecutrix (PW-11), Kali Ram (PW-12), Dr. S.S. Saroha (PW-13), Lal Singh, A.S.I. (PW-14) and Subhash Chander, Sub Inspector, Investigating Officer (PW-15). The Additional Public Prosecutor closed the prosecution evidence, after tendering into evidence the report of the Forensic Science Laboratory.