1. This is an appeal by accused no.1 Shiva, who was convicted by the Sessions Judge for having committed an offence under Section 376, 342 and 352 of Indian Penal Code and who was sentenced to imprisonment for period of ten years for offence under Section 376 of the Indian Penal Code, Six months for offence under Section 342 of the Indian Penal Code and one month for offence under Section 352 of the Indian Penal Code. The appellant shall hereinafter be referred to as accused no.1 Shiva.

2. The facts may be narrated thus - On 4/9/2000, the prosecutrix Vinanti Tayade was sleeping at her house along with her husband and children. At about 10 O'clock, accused no.1 Shiva knocked the door of her house and called her. She and her husband woke up and opened the door. Accused no.1 Shiva took out a knife for assaulting the husband of prosecutrix and he assaulted him with fist blows. She asked Shiva accused no.1 to go away. Accused no.2 Dinesh was also standing by the side and was giving threats. Accused no.1 Shiva then pulled the prosecutrix out of the house, pushed her husband inside and chained the door of her house from outside. Accused no.1 Shiva took the prosecutrix in the