S.D.ANAND,J. - (1.) THE appellant was convicted by the learned Trial Magistrate for offences under Sections 376 and 450 IPC. For the former offence, he was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/-; while, for the latter offence, he was directed to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.200/-.
(2.) THE prosecution presentation, which was upheld at the trial, may be indicated as under:- The prosecutrix, a married lady, retired for the night on 9.4.1997 at 9.00 P.M. Her husband was away "to witness a fair of a cycle player". Her parents- in-law, a brother-in-law (younger brother of her husband) and two sisters-in- law were asleep on the ground floor. The appellant entered her bed room at about 10.-10.30 P.M., stripped her and deflowered her against her wishes. Initially, her mouth was cupped by the appellant but the raula raised by her thereafter (onher being able to get her mouth released) attracted her brother-in-law Mukesh and sister-in-law Maya to the spot. The appellant, then, fled the spot. In the course of the resistance, her right hand bangles were broken and she felt pain in her right hand. On the return of her husband, she narrated the occurrence to him. For want of conveyance, during the night, the offence was notified to the police the following day.
(3.) THE ocular version of the prosecution plea was supported by the testimony of the prosecutrix-PW7 and her brother-in-law PW-8 Mukesh.;