ORDER :

This appeal is directed against the concurrent judgment of conviction recorded by the Sessions Court as well as by the High Court for an offence punishable under Section 376 of the IPC and a sentence of four years R.I.

2. The prosecution case is as under :

The prosecutrix, aged about 20 years on the date of the incident, and a married woman, left for the fields as about 9.30 a.m. on 21st June, 1984 to deliver lunch to her brother-in-law who was working in the field. While passing by she saw the appellant sitting on the road side. He tried to talk to her but when she told him to get away he caught her from the rear, pushed her down on the ground and thereafter raped her, despite her attempts at resistance during which her bangles had been broken and she also received cut injuries on that account. The incident was also witnessed by Madan Lal-her brother-in-law. The prosecutrix was also subjected to a medical examination on the 23rd June, 1984 and the Doctor rendered her opinion that there were no signs of violence on her private parts, no oedema, and swelling, no scratches, no marks of semen or hair on her private parts or on her body. It was also observed that on an examination