I.P.Singh, J.

1. The sole appellant has been convicted under section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.2000/-, in default of payment of fine, to undergo rigorous imprisonment for one year more.

2. The prosecution case, in short, is that on 10.8.1990 at about 12 Oclock in the noon informant Shakuntala Devi had gone to take bath on the hand-pipe of Pachu Thakur. When she was making preparation for taking bath, suddenly appellant appeared there and picked up the informant in his lap and took her to a vacant room situated in the Khalihan of Satahu Thakur by pressing her mouth and threw her down on the earth and forcibly committed rape on her after removing her Sari. When she raised alarm, the appellant put knife on her neck and after committing rape fled away. It has been stated that the informant disclosed this occurrence to her mother Etabaria and to the Mohalla people. Then the people of the Mohalla began to search the accused and they could apprehend him on the following morning and they took him to the Camp Police Station Kot Bazar and the A.S.I. recorded the Fardbeyan of the informant. On the Fard