BRAJ NANDAN PRASAD SINGH, J.

1. The appellant suffered conviction under Section 376 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for a period of ten years and was also sentenced to pay fine of Rs. 2000/- on accusation that in the dead of night at 11.00 p.m. on 6th November, 1993 the appellant having gained his access in the inner apartment of hose of Sanjeeda Khatoon (PW 3) having gagged committed sexual assault on her. The fardbeyan of the prosecutrix was recorded at 5.00 p.m. on 7th November, 1993, pursuant to which first information report was drawn up and investigation followed. As usual, in course of investigation, the Police Officer visited place of occurrence, recorded statement of witnesses, got the prosecutrix examined by the doctor and on conclusion of investigation laid charge- sheet before the Court.

2. In eventual trial that followed, the State examined altogether 8 witnesses and those examined by the State include one formal witness who brought on the record, first information report, the doctor, the prosecutrix, her family members and host of other witnesses.

3. The defence of the appellant both before the Court below an