JUDGMENT

RAVEENDRAN, J.—

1.In this appeal by special leave by the accused, the judgment of the High Court of Madhya Pradesh dated 12.9.2003 in Criminal Appeal No. 270 of 1993, affirming the judgment dated 25.5.1993 in Sessions Trial No.127/1991 passed by the II Additional Sessions Judge, Khargone, convicting and sentencing the accused under sections 376, 323 and 342/34, is under challenge.

2.In brief the prosecution case is as follows : On 28.1.1991 at about 8 p.m., prosecutrix Sumanbai, went to a shop for purchasing some groceries. On her way to the shop, Gyarsibai, a relative, invited her to come inside her house. When she entered Gyarsibai’s house, her son Radhu who was in the room came out, dragged her inside the room and confined her in the room during the entire night. During the night, he sexually assaulted her by inserting his penis in her vagina twice. When she cried, Radhu gagged her mouth with a piece of cloth. Radhu freed her only the next day (Tuesday) morning. She went back to her house and told her mother Lalithabai (PW-4) about the incident. As her father Mangilal (PW-7) had gone out of town, her mother sent Dinesh to inform him about the incident. When her father re