JUDGMENT

Y.B. Suryavanshi, J. - The appellant Surechand has preferred this appeal against the judgment and finding dated 13-10-03 of the Court of Shri B.P. Goraha, 1st Additional, Sessions Judge, Chhindwara, in S.T. No. 47/ 83, convicting the appellant under section 376 I.P.C. He has been sentenced to undergo five years RI.

2. P.W. 1 Hemi Bai is wife of P.W. 2 Lalchand. They reside in village Harnakhedi, which is about 24 kms. from P.S. Umreth (Distt. Chhiodwara). The appellant Surechand is nephew of the couple, being son of the brother of P.W. 2 Lalchand. At about 8 a.m. on 16-12-1982, P.W. 1 Hemibai (prosecutrix) was going with a bundle of corn to get it grined at the nearby village Badiwada. It is alleged that, while she was all alone at a place near the river, the appellant came from behind. He caught hold of her she was felled down and thereafter, raped. She raised a hue and cry but the accused gagged her mouth. After the sexual act, the accused fled away towards the field of D.W. 1 Bhagchand with whom, at the relevant time, he was employed as a labourer. The prosecutrix went to the field of Bhagchand, which is undisputedly adjacent to her own field. She disclosed to D.W. 1 Bh