1. The appellant has challenged judgment and order dated 16.09.2005 passed by the Sessions Court, Nagpur (trial Court), in Sessions Trial No. 466 of 2004, whereby the trial Court has convicted the appellant for offence punishable under Section 376 of the Indian Penal Code (IPC) and sentenced him to undergo rigorous imprisonment for 5 years and to pay fine of Rs.500/-.

2. The prosecution case was that about seven months prior to the prosecutrix PW1 submitting oral report to the Police dated 8.7.2004, the appellant (original accused) had caught hold of the prosecutrix when she had gone to a nearby field to answer nature's call. He allegedly removed her clothes and committed forcible sexual intercourse with her. After about eight days, when the prosecutrix had gone to the house of the appellant for viewing television programme, as no other person was present, the appellant again committed sexual intercourse with her. It is relevant that the house of the appellant was adjoining the house of the prosecutrix PW1 and that the appellant was on visiting terms with the family of the prosecutrix PW1. According to the prosecution, after some period when the prosecutrix PW1 started suf