Judgment :-

V. Gopala Gowda, J.

This appeal is directed against the final judgment and order dated 10.08.2010, passed by the High Court of Chhattisgarh at Bilaspur, in Criminal Appeal No.342 of 1996 dismissing the appeal of the appellant and upholding the conviction and sentence passed by the Trial Court in Sessions Trial No. 79 of 1995, whereby the appellant was found guilty for the offence punishable under Section 376 of IPC and was sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.500/- and in default, to undergo further simple imprisonment for 5 months.

2. For the purpose of considering the rival legal contentions urged in this appeal and with a view to find out whether this Court is required to interfere with the impugned judgment of the High Court, the necessary facts are briefly stated hereunder:

On 18.4.1994, at about 12.00 to 12.30 a.m. at night, the prosecutrix, Kumari Bai, had come out of her house to answer the call of nature near the mango tree in the courtyard, and the accused came from behind and caught hold of her hands and started dragging her in a bid to commit sexual intercourse with her. When she tried to run away in order to get out of hi