B.N.P.Singh, J.

1. The appellant suffered conviction under Section 376 of the Indian Penal Code on being tried by Sessions Judge, Katihar in Sessions Case No. 43 of 1989 and was sentenced to suffer rigorous imprisonment for ten years on that count.

2. The facts of the case are tell a tale. While Mina Kumari, the prosecutrix, was alone in her house in the month of Asharh of the year 1988, the appellant sneaked in her house and asked to accompany him to his house for work. Considering his version to be true, it was alleged that when she went to the house of the appellant, firstly he allured her for sexual intercourse. However, when she did not concur to the proposal of the appellant, she being virgin, the appellant wielding dagger coercing her, violated her person. It was alleged that she was vanished even in successive nights and after she expressed her apprehension of getting conceived, he assured her for miscarriage. Even when wife of the appellant came to her house, the appellant, it is alleged continued to commit sexual intercourse on her taking her, in the field and with these narrations of the prosecutrix which she rendered after four months of the incident, a police c