ORDER

1. This appeal is directed against the impugned judgment of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.1395/1994 by which the conviction and sentence imposed on the appellant under Section 376 IPC to undergo rigorous imprisonment for seven years apart from a fine amount of Rs.500/- and in default of payment of fine, to under one months' additional rigorous imprisonment was confirmed.

2. According to the prosecution on 11.4.1991 the victim P.W.4, an agricultural labourer was in the field of Moti Singh Darbar and loading the wheat on the vehicle. After the field work, she was proceeding to her village which was 1½ miles away. The appellant was following P.W.4 who was proceeding alongwith minor girl Manju, aged 10 years in his motorcycle. On the way, P.W.4 suffered thorn bite in her foot and while she was removing the thorn, Manju left her and proceeded towards her home. Taking advantage of the lonliness of P.W.4, the appellant stated to have grabbed her hand against her will, took her near the bushes at Kauve near the drain and had forcible sexual intercourse for about ½ an hour. According to the victim P.W.4, sexual intercourse was carried out by the ap