JUDGMENT

Tej Shankar, J. - This appeal is directed against the order dated 25-9-1989 passed by Shri Shambhu Singh, the then Sessions Judge, Guna, whereby the appellant has been convicted u/s 354 I.P.C. and he was released on probation and he was further directed to pay compensation of Rs. 1,000/- to Mst. Sugrabai u/s. 5 of the Probation of offenders Act, 1958.

2. The facts leading to the prosecution of the appellant shortly narrated are that the prosecute P.W. 2 Sugrabai claimed that on 26-3-1989 at 12 hours she was returning after giving food to her grandson when appellant Kripan Singh met her. She lodged an F.I.R. initially wherein she alleged that when the appellant met her he asked her where she was going whereupon the prosecutrix told as to who was he to put that question. The appellant thereafter pushed her and she sustained injury. It is claimed by the prosecution that on 30-3-1989 a written report Ex. P-2 was given by the prosecutrix to the S.P. Guna alleging that on the aforesaid date i.e. 26-3-198.9 at about 2 P.M. in the noon when she was going to give food to her grant son the accused Kripan met her and caught hold of her with evil intention. He committed rape upon he w