JUDGMENT

Sandeep K Shinde, J. - Appellant accused has been convicted for an offence -punishable under Section 376 of Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for five years and fine of Rs. 500/- in default to suffer imprisonment for three years by the learned Additional Sessions Judge, Palghar vide judgment and order dated 18th February, 1998 in Sessions Case No. 512/ 1996. Against the conviction and sentence, this appeal is preferred.

2. Prosecution case unfolded in the testimony of evidence of victim (PW-1) is as under;

Accused and victim, both triables, were living in the remote hamlets, called Pagipada and Goripada. Accused knew to the victim. That on 4th January, 1993 at about 8 pm., she went out of her house to urinate near the house of one, Yunusbhai. At that time, her motherin-law Taibai was in the house. Victim testified that while she was returning home, the accused drew her inside the unoccupied hut of Yunusbhai, and though she had resisted, accused forcefully committed the penetrative sexual assault and left the place. Victim would say her cries for help were in vain. She disclosed the incident to her mother-in-law Taibai, and her husband, but