- (1.) This is an appeal preferred by the accused appellant, Ashok Kumar alias Bhura, against the judgment and order dated 22-2-1989, convicting the appellant u/S.376,1.P.C. and sentencing him to undergo R. I. for three years by Sri P. C. Mathur, III Addl. Sessions Judge, Aligarh in S.T. No.223/88.
(2.) The appellant was charged u/S.376, I.P.C. for having committed rape on Smt. Bhagwati, wife of Mahabir Singh, resident of Jagdeo Nagaria, P. S. Gonda, district Aligarh, on 7-7-1986 at about 10-00 p.m.
(3.) The facts material for the purpose of this appeal, in brief, as disclosed in the FIR, are indicated below.;