Judgment

DUA,.J.:- This appeal by special leave is directed against the judgment and order of the Gujarat High Court allowing in part the appellant s appeal from his conviction by the Court of the Sessions Judge, Jamnagar under Sections 366 and 376, I.P.C. The High Court acquitted him of the offence under Section 376. I.P.C. but maintained his conviction and sentence under S. 366, I. P. C.

2. According to the prosecution case, the offence under S. 366, I.P.C. took place on January 16, 1967 and the offence of rape with which he was charged was committed on the night between the 16th and 17th January, 1967. As observed by the High Court, the background which led to the culmination resulting in the commission of the offences leading to the appellant s trial has been traced by Mohini, the victim of the offences, in the prosecution version, to the latter part of the year 1965. The appellant, an industrialist, had a factory at Bunder Road for manufacturing oil engines and adjoining the factory was his residential bungalow. During the bombardment of Jamnagar by Pakistan in 1965, Mohini s parents came to reside temporarily at Dhrol near Jamnagar. The appellant came to be introduced to that f