JUDGMENT

Mahesh Bhagwati, J.—Challenge in this appeal is to the judgment and order dated 11.6.1986, whereby the learned Additional Sessions Judge, Gangapur City convicted the accused appellant Ramdhan in the offence under Section 376 of I.P. Code and sentenced him to rigorous imprisonment of 4 years and a fine of Rs. 400 in default of payment of fine, to suffer further rigorous imprisonment for 4 months.

2. The facts of the prosecution case, in must shell, are thus:

“That on 4th August, 1984, the cow of complainant PW3 Buddha went for grazing on a hill. The cow did not return to home, hence at the early hours of 5th August, 1984, the complainant along with his wife and brother went on a hill in search the cow. All these three were searching the cow at different places, but not too far from each other. It is stated that the accused Ramdhan Gurjar also had come on the hill to graze his buffaloes. It is alleged that he suddenly caught hold of Rukmani and made her to lie on the ground. The accused forcibly ravished her. On hearing the screams of Rukmani, her husband and his brother rushed to the spot where they found that the accused had made Rukmani to lie on the ground and he was c