JUDGMENT

B. Sudershan Reddy, J. — Leave granted.

2. This appeal by special leave is directed against the judgment of the Rajasthan High Court confirming the conviction of the appellant under Section 376 IPC and the sentence of ten years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to further undergo three months rigorous imprisonment and under section 392 IPC, ten years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to undergo further three months rigorous imprisonment. All the sentences were directed to run concurrently. The appellant was charged with rape on Smt. Chandi (PW-3) wife of Shri Chhagan Lal. He was also charged for the offence punishable under Section 392 IPC.

3. The prosecution story, briefly stated, is that on 25.8.1999 Smt. Chandi was selling chillies at village Singhji-ka-Khera at around 07-07.30 p.m.. The appellant Narain came to her and told her that his brother had a shop in his village and he will get her chillies sold at the shop of his brother. He accordingly got two sacks of chillies loaded into the trolley attached to the tractor which the appellant himself was driving. She also boarde