JUDGMENT

Uday U. Lalit, J.

1. This appeal arises out of judgment and order dated 10.06.2008 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.1360 of 2001 setting aside the judgment and order of acquittal passed by the Ld. XXV Additional Sessions Judge, Bangalore in Sessions Case NO.62 of 1994 and convicting the appellant herein for the offences punishable under Sections 376 read with Section 511 IPC and also under Section 341 IPC.

2. Crime No.48 of 1991 was registered with Devanahalli Police Station pursuant to FIR (Ext.P-9) lodged by PW-1 victim alleging that on 06.03.1991 at about 4.00 PM while she was returning from the bus stop of their village after having sent her husband and son to sell silk cocoons at Vijayapura, the present appellant wrongfully restrained her near eucalyptus grove, gagged her mouth and despite her protest had forcible sexual intercourse with her. It was alleged that her screams attracted Muniyappa (PW-2) and Venkateshappa (PW-3) and on seeing them the appellant had run away from the spot. Upon registration of such crime PW-1 victim was sent for medical examination by Dr. Manjunath (PW-4) who however, found no signs of any sexual