JUDGMENT

Dr. ARIJIT PASAYAT, J. - Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court at Jabalpur upholding the conviction of the appellant for offence punishable under Sections 450 and 376(1) of the Indian Penal Code, 1860 (in short the `IPC) and sentence of five years and seven years rigorous imprisonment respectively and fine of Rs.2,000/- and 1,000/- respectively with default stipulation as recorded and imposed by the Learned Special Judge Chhattarpur in Special Case No.33 of 2002. Appellant (hereinafter also referred to as an `accused) was charged for commission of offences punishable under Sections 450 and 376(1) IPC and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, (in short the `Act).

3. Prosecution version as unfolded during trial was as follows:

On 17.1.2002 at 1735 hours prosecutrix lodged report at police station Khajuraho to that effect that on the said date at 11 Oclock she was in the field of Hannu Gadariya at Bhusaur. The said field was taken on share basis by her husband, in which gram and wheat were sown. As usual, she had gone to the field for guarding.