JUDGMENT

P.P. Naolekar, J.—Accused-appellant Gabbu was tried for committing offences under Section 366 read with Section 34 and under Section 506-B of the Indian Penal Code (IPC) along with Sheru who was charged under Sections 366, 376 and 506-B, IPC and Sardar charged under Sections 368 and 506-B IPC. The Session Court convicted the accused-appellant under Sections 366 and 506-B, IPC and respectively sentenced him to undergo two years rigorous imprisonment with fine of Rs. 500/- and one year rigorous imprisonment with fine of Rs. 500/-, and in default of the payment of fine simple imprisonment for two months was awarded. Accused Sheru was convicted under Section 366 and 376, IPC and the third accused Sardar was acquitted. The High Court in appeals preferred by the accused appellant and the other accused Sheru, confirmed the order of the Session Court. Feeling aggrieved by the order of conviction and sentence, accused-appellant Gabbu has preferred this appeal by special leave. The other accused Sheru has not filed any appeal and order of conviction and sentence against him has attained finality.

2. As per the prosecution case, complainant Bisan Singh, the husband of prosecutrix, and