Judgment

Pinaki Chandra Ghose, J.

1. This appeal by special leave arises from the judgment and order dated 12.3.2013 passed by the High Court of Madhya Pradesh, Bench at Indore, in Criminal Appeal No.1275 of 1997 whereby the High Court has upheld the sentence awarded to the appellant by the Additional Sessions Judge, Khargone, in S.T. No. 288/94. The Trial Court convicted the appellant under Section 376(1) of the Indian Penal Code (“IPC”, for short) and sentenced him to 10 years rigorous imprisonment with a fine of Rs. 2000/-, and in default of payment of fine, 6 months simple imprisonment.

2. The factual matix of the case is that on 24.8.94, the complainant Narmadabai had gone to the field of the accused Ravindra for doing labour work. When she was plucking Moong Beans at about 12 O’ clock, accused Ravindra came near her, caught her hand, pushed her down and committed sexual intercourse without her consent. Complainant cried but nobody was nearby. The Petticoat of the complainant was stained with semen of the accused. After committing rape the accused fled away from the spot. The prosecutrix (PW1) came home and she narrated the incident to her parents. Her mother called her maternal