Hemant Kumar Srivastava, J.

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State alongwith the counsel for the complainant (prosecutrix) and perused the record.

2. This criminal appeal has been preferred against the judgment of conviction dated 14-12-2001 and sentence order dated 16-02-2001 passed by learned Additional Session Judge-Vth. Rohtas at Sasaram in Sessions Trial No. 303 of 2000 by which and whereunder. he convicted the appellant for the offence punishable under Section 376 of the Indian Penal Code and, sentenced him to undergo rigorous imprisonment for a period of ten years under the aforesaid offence and imposed a fine of Rs. 5,000/upon the appellant and in default of payment of the fine, the appellant was ordered to undergo rigorous imprisonment for six months.

3. The prosecution case in brief is that PW 2 Raj Kunwar Devi filed complaint case bearing Complaint Case No. 226 of 1999 against the appellant in the Court of Chief Judicial Magistrate. Rohtas at Sasaram stating therein that on 16-10-1999 at about 3.00 p.m. while she was alone in her house and her husband had gone to village Karwandia whereas; her children