JUDGMENT

K. S. Radhakrishnan, J.

1. Leave granted.

2. This appeal has been filed by the accused who was convicted for an offence punishable under Section 376 IPC and sentenced to undergo Rigorous Imprisonment for seven years. Facts leading to this appeal are as follows:

3. PW2, the prosecutrix, was employed in a Khadi Centre, Kayoor and residing at Arakachal along with her parents, brothers and sisters. According to the prosecution, on 17.9.1997 at about 8.30 AM, when she was proceeding to the Khadi Centre from her house, the accused, a friend of her brother, caught hold of her by hand and forcibly took her to the nearby property of one Karunakaran and committed rape on her, without her consent. She tried to make a hue and cry, but was silenced by the accused by stating that he would marry her. Even after this incident, he had sexual relationship with her on more than one occasions.

4. PW2, later, became pregnant and gave birth to a boy on 24.6.1998 in the Government Hospital, Payyannur. Accused not only not kept his promise to marry her, but even disputed the paternity of the child. PW2 then lodged a complaint on 26.7.1998 before the Assistant Sub-Inspector of Police, Cheemeni Police S