JUDGMENT

AHMADI, J.:- Special leave granted.

Smt. Koyali, wife of PW 5 Tulchharam, complains that she was raped by the respondent Narayan on the morning of 23rd October, 1976 when she had gone to the cattle-shed to serve fodder to the cattle. The accused Narayan who is the brother-in-law of PW 5 Tulchharams sister entered the cattle shed and finding the prosecutrix alone gagged her mouth and forcibly tried to take her inside but on her resisting threw her on the ground on the spot and raped her. The prosecutrix cried for help and struggled with the accused to save her honour. Her cries attracted the attention of PW 4 Joga Ram and PW 7 Bherudan. Bherudhan reached the spot first in point of time followed by Joga Ram and saw the accused on top of the prosecutrix. He pulled him up with one hand and consoled the prosecutrix who was weeping. Thereafter the accused ran away from the scene of occurrence and met PW 5 Tulchharam on the way who saw him tying his Dhoti from behind. The prosecutrix told PW 4 and PW 7 that the accused had forcibly violated her person. She complained that notwithstanding her protestations the accused over-powered her and had intercourse with her against her will.