( 1 ) THE appellant. Ram Pal (original accused 4 a Head Constable was tried along with seven others for offences punishable under S. 366 and 376 indian Penal Code. The trial court convicted him under Section 376 Indian Penal Code and sentenced him to undergo Rl for three years and to pay a fine of Rs. 200. 00, in default of payment of which to further undergo Rl for two months. The other five were also convicted by the trial court. Two co-accused namely Lakhmi Chand, Head Constable and balwan Singh, Constable were acquitted by the trial court. The convicted accused preferred appeals to the High court and the same were dismissed by the high court.

( 2 ) THE prosecution case is that prosecutrix Public Witness 3, a married woman aged about 20 years was residing at Ellenabad. On 15/08/1981 i. e. on Rakhi day, she went to Sirsa from her village to tie Rakhi to her brother Public Witness 10 but he was not there. She thought of going back to her village. On the way three of the accused met her whom she knew. She was taken to various places and according to her version she was raped during the night. She was confined in a room and according to her version three Police Officials including t