JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of the learned Single Judge of the Andhra Pradesh High Court upholding the conviction of the appellant for the offences punishable under Sections 376 and 342 of the Indian Penal Code, 1860 (for short `IPC), while acquitting the appellant of the charges in terms of Section 506 IPC. The accused was sentenced to 10 years imprisonment by learned Sessions Judge, Chittoor, which was reduced to 7 years by the High Court. The appellant faced trial for offences punishable under Sections 376, 323, 342 and 506 IPC. The Trial Court directed acquittal of the appellant in respect of offence punishable under Section 323 IPC but convicted in respect of other offences as noted above.

3. Background facts as projected by the prosecution are as follows:

On 1.10.2001 at about 5.30 pm while U. Vijayalakshmi - PW.1 was returning from the fields to the village and when she reached the fields of Viswanatha Reddy along with her cattle, the accused who was hiding in the bushes, gagged her mouth with his towel and tied her hands with his lungi, pushed her to the ground, lifted her petty coat and forcibly committed ra